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How are put and call options reported wrt taxes?

Personal Finance & Money Asked by RussAbbott on May 6, 2021

My broker tells me that option transactions are reported for tax purposes as two independent transactions. That is, the net profit or loss is not reported. Instead, the receipts from the sale of the option and the cost of the option purchase are reported separately as a profit and loss respectively.

I was also told that these reports apply to the tax-year in which they occur. If, for example, I buy an option this year, the entire cost is reported as a loss for this year. If I sell it back next year, the entire receipt of that sale is reported as a profit on my next-year tax return.

That seems to suggest that one could create a loss this year (perhaps to offset a gain elsewhere) by buying an option on Dec 31, 2020, and then selling that option on Jan 4, 2021. The two amounts will not be exactly the same, but let’s assume they are close. Haven’t I essentially moved a net gain from this year to next year?

2 Answers

In the US, option transactions are reported on daily statements as two independent transactions on whatever day they occur. For tax purposes, they are not reported separately as profit and loss. If you buy (or sell) an option this year and it expires next year, it has no bearing on this year's taxes unless you close the position this year.

I can't speak for all brokers but for every one that I have dealt with, the pairing of closed transactions occurs on the year end 8949 Form which not only determines the gain or loss on closed positions but wash sales, if incurred.

Furthermore, the IRS goes to great extent to prevent you from fabricating artificial losses this year and deferring the offsetting gains until next year. Some examples of this are the wash sale rule, the prohibition against shorting against the box, and the qualified covered call and constructive straddle rules.

The only way that this year's losses on open positions can be deducted this year is if you are a very heavy trader or market professional and you have been granted Tax Trader Status by the IRS.

Answered by Bob Baerker on May 6, 2021

Note that how things are reported isn't necessarily exactly how they should be filed. I've had brokers that "reported" a zero cost basis for stocks that I received as compensation, but when I file I'd set the actual cost basis appropriately. I've never been audited or even questions, so I'd say that the these reportings aren't taken as gospel.

What matters is how you file, which based on current law option premium aren't a "loss", you'd report and actual gain or loss when you sell the option, using the premium as the cost basis.

So no, you can't buy an option on Dec31, count a loss, and sell it on Jan1 and report a gain.

Answered by D Stanley on May 6, 2021

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