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Tate Jensen

Do I need to mail Form 8949 or can I send a similar statement with Form 8453 for futures trading losses?

I'm completely confused about what I need to mail to the IRS after e-filing my taxes. I reported a capital loss from futures trading on my tax return (though I'm not 100% confident I did it correctly). The trading company sent me a 1099-B showing a lump sum loss, so that's how I reported it - as a single amount rather than listing individual transactions. After filing through TurboTax, it's telling me I need to send in Form 8453 to the IRS. On the form, there's a checkbox that says I need to attach: "Form 8949, Sales and Other Dispositions of Capital Assets (or a statement with the same information), if you elect not to report your transactions electronically on Form 8949" So my question is - can I just attach my 1099-B to Form 8453 instead of filling out the entire 8949 form? Would the 1099-B qualify as "a statement with the same information"? I really don't want to have to manually enter all those transactions if I don't have to, especially since my 1099-B just shows the total loss amount anyway. Any help would be greatly appreciated! This is stressing me out with the filing deadline approaching.

Adaline Wong

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The IRS generally wants to see the details of your transactions, but you have some flexibility here. Since your 1099-B only shows a lump sum loss from futures trading, you have two options: First, you could attach your 1099-B to Form 8453 as a supporting document. This would technically qualify as "a statement with the same information" since it contains the information you used to prepare your return. Make sure to write your name, SSN, and "Form 8949 Statement" at the top of the 1099-B copy. Alternatively, you could create a simple statement that says something like "Futures trading with [company name], total loss of $X as reported on 1099-B" with the relevant dates and attach that with the 1099-B copy to Form 8453. For futures trading specifically, the reporting can be a bit different since these are generally Section 1256 contracts that should be reported on Form 6781 rather than Form 8949, unless you're dealing with non-regulated futures.

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Gabriel Ruiz

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Wait, now I'm confused. Should futures actually be on Form 6781 instead of 8949? I thought 1099-B meant it goes on 8949. What's the difference between regulated and non-regulated futures? And if it should be on 6781, does that change what needs to be mailed with Form 8453?

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Adaline Wong

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Most futures contracts are considered Section 1256 contracts which should be reported on Form 6781 rather than Form 8949. Section 1256 contracts receive special tax treatment (60% long-term, 40% short-term capital gains treatment) regardless of how long you held them. The distinction between regulated and non-regulated futures depends on whether they're traded on a qualified board or exchange. Most standard futures you'd trade through established brokerages are regulated futures contracts. If your futures trading was indeed Section 1256 contracts, you'd need to file Form 6781 instead, and attach that to Form 8453. However, if TurboTax directed you to Form 8949, it's possible your specific situation calls for that form. I'd double-check your 1099-B to see if it specifically indicates Section 1256 contracts or provides any guidance on which form to use.

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After dealing with a similar reporting headache last year, I discovered taxr.ai (https://taxr.ai) which literally saved me hours of frustration. It analyzes your tax documents like 1099-Bs and tells you exactly what forms you need and how to report everything properly. I was confused about how to report some crypto and stock transactions, and it immediately identified that some of my crypto transactions should've been on Form 8949 while others qualified as Section 1256 contracts for Form 6781. It also generated the proper supporting statements I needed to attach to my return. They have a specific feature for handling capital gains reporting that automatically determines if you need Form 8949, Form 6781, or another form based on your specific situation.

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Peyton Clarke

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Does it actually generate the forms for you or just tell you which ones you need? And does it work if you've already filed your return but need to figure out what supporting documents to send?

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Vince Eh

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I'm skeptical that an AI tool would know the difference between regulated and non-regulated futures. Does it actually look at your specific 1099-B to make this determination? My broker's 1099-B was super confusing and even my accountant had questions about it.

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It does both - it tells you which forms you need and can generate supporting statements with all the information formatted correctly for IRS submission. Yes, it absolutely works for figuring out what supporting documents you need to send after filing. The tool specifically analyzes your 1099-B line by line and can distinguish between different types of transactions. It examines the specific codes and transaction types listed on your 1099-B to determine the proper reporting requirements. I was surprised by how accurately it identified which of my transactions were Section 1256 contracts versus regular capital asset dispositions.

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Vince Eh

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I want to follow up about taxr.ai that I asked about earlier. So I actually tried it and was pretty impressed. I uploaded my confusing 1099-B from my futures trading, and it immediately identified that my contracts were Section 1256 contracts that should be reported on Form 6781, not Form 8949. It generated a perfectly formatted statement that satisfied the "statement with the same information" requirement for Form 8453, saving me from having to manually create this myself. It even included the correct 60/40 tax treatment split that apparently applies to futures contracts (something I had no idea about). I've already printed the statement and attached it to my Form 8453 to mail in. Honestly saved me a ton of time figuring this out on my own, and I'm much more confident I'm submitting the correct documentation now.

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If you're still having trouble figuring this out, you might want to just talk directly to the IRS. I know it sounds impossible to get through to them, but I used this service called Claimyr (https://claimyr.com) that got me connected to an IRS agent in about 15 minutes. I had a similar issue last year with some options trading that I wasn't sure how to report properly. The Claimyr service basically holds your place in the IRS phone queue and calls you back when an agent is about to answer. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with clarified exactly what forms I needed to attach to my 8453 and how to fill them out correctly. Saved me from potentially filing incorrectly and dealing with notices later.

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How does that actually work? I've literally tried calling the IRS 8 times in the past two weeks and either get disconnected or told the wait time is over 2 hours. I can't stay on hold that long with work.

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Ezra Beard

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Sounds sketchy. Why would I trust some random service with my tax information? And are you sure the IRS agent gave you correct information? I've heard horror stories about getting different answers from different agents.

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It works by using technology to navigate the IRS phone system and maintain your place in the queue without you having to stay on the phone. It handles all the waiting and then calls you when an actual IRS agent is about to pick up. They don't collect any of your tax information - they're just connecting you directly to the IRS. I had the same concerns about getting reliable information, but I made sure to take notes during my call and even asked the agent to reference the specific IRS publication that contained the guidance. I've found that when you ask them to cite specific publications or internal guidance, they'll usually provide consistent information. In my case, the agent actually emailed me a link to the relevant publication section that addressed my specific reporting question.

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Ezra Beard

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I need to eat my words from my earlier comment. After getting nowhere with my tax software's support, I decided to try Claimyr out of desperation yesterday. Not only did I get through to the IRS in about 20 minutes, but the agent was actually super helpful. She confirmed that for futures trading reported on a 1099-B with only summary information, I could attach either a copy of the 1099-B or a simple statement summarizing the transactions to my Form 8453. She also explained that most futures contracts are Section 1256 contracts that should be reported on Form 6781, not Form 8949, which explained why I was confused about which form to use. The agent even emailed me a PDF template for creating the statement to attach to Form 8453. Saved me hours of research and uncertainty. I won't hesitate to use them again next year if I have questions.

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Are you sure you're even required to mail anything? I e-filed through TurboTax last year and had capital losses from stock trades, but I never had to mail in form 8453 or anything else. TurboTax attached my electronic 8949 to my return and that was it.

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Tate Jensen

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That's a good point - the TurboTax instructions weren't super clear about whether mailing Form 8453 is mandatory or not. It just popped up after I submitted saying I "need to" mail it in. But the wording on the actual 8453 form seems to suggest it's only if I'm choosing not to report the transactions electronically? Maybe I don't need to mail anything if TurboTax already included the electronic 8949? Does anyone know for sure?

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It really depends on whether TurboTax transmitted the detailed transaction information electronically with your return. Log back into your TurboTax account and look at your actual filed return (you can view the PDF). If you see Form 8949 with your transactions listed or Form 6781 for futures contracts, then that information was already transmitted electronically and you likely don't need to mail anything. TurboTax sometimes prompts you to mail in Form 8453 when you have attachments that can't be transmitted electronically. If the capital losses were entered as summary information without the detailed transactions being included electronically, then you would need to mail the supporting documentation.

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Just to add to the futures contract discussion - different brokers report futures trading differently on 1099s. Some issue a 1099-B and some issue a 1099-MISC for futures trading profits/losses. If you received a 1099-B for futures, double-check the box that indicates what type of transactions they are. I had this exact issue last year and spent hours on the phone with my broker. Turns out they had incorrectly issued a 1099-B for Section 1256 contracts when they should have used a different form. I had to request a corrected form and amend my return.

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Aria Khan

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This is helpful. How can you tell from looking at the 1099-B if they're Section 1256 contracts? Is there a specific box or code to look for?

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Look for Box 1(b) on your 1099-B - it should indicate whether the proceeds are from Section 1256 contracts. Also check if there's a code in the "Applicable checkbox" section or any notation about "60/40" treatment. Section 1256 contracts typically include most regulated futures contracts, broad-based index options, and dealer equity options. If your 1099-B shows futures contracts but doesn't clearly indicate Section 1256 treatment, you should contact your broker to clarify. They're required to properly identify these transactions since the tax treatment is so different from regular capital assets.

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I've been following this discussion and wanted to share my experience from dealing with a similar situation last year. The key thing to understand is that TurboTax's prompt to mail Form 8453 doesn't necessarily mean you did something wrong - it's often just their way of handling situations where they can't electronically transmit all the supporting documentation. For futures trading specifically, you really need to determine if these are Section 1256 contracts first. Most regulated futures are Section 1256, which means they get reported on Form 6781, not Form 8949. The 60/40 long-term/short-term treatment mentioned earlier is automatic for these contracts regardless of holding period. If you do need to mail supporting documentation with Form 8453, a copy of your 1099-B with a brief statement explaining the transactions should be sufficient as long as it contains all the information you used to prepare your return. Just make sure to include your name, SSN, and tax year at the top of any attachments. My advice would be to first check your filed return PDF in TurboTax to see exactly what forms were included electronically, then decide if you actually need to mail anything at all.

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