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Taxes for Over-the-Counter (OTC) Forex Traders

Most spot traders are taxed according to IRC Section 988 contracts, which are for foreign exchange transactions settled within two days, making them open to treatment as ordinary losses and gains. If you trade spot forex, you will likely be grouped in this category as a "988 trader."

 If you experience net losses through your year-end trading, being categorized as a "988 trader" is a substantial benefit. As in the 1256 contract category, you can count all of your losses as "ordinary losses," not just the first $3,000.

 

How FOREX Trades Are Taxed - Investopedia