How to Calculate Futures Trading Taxes on 60/40 Split with Regular Income?
I'm trying to understand how my futures trading will be taxed along with my regular income. I know futures contracts get that special 60/40 tax treatment (60% long term capital gains, 40% short term), but I'm confused about how it combines with my normal job income. So I'm making around $65,000 from my day job as a software developer. If I make profits from futures trading, is 40% of those profits just added directly to my $65k and taxed at my regular income tax rate? And then the other 60% gets taxed at the long-term capital gains rate (which I think is 0% until I hit some threshold)? For example, if I made $20,000 in futures profits, would $8,000 (40%) get added to my regular income and then the remaining $12,000 (60%) gets the long-term capital gains treatment? I'm really confused about the tax brackets here. If the long-term capital gains tax is 0% up to like $47,025 or something, does that mean I don't pay any tax on that 60% portion of my futures gains? Sorry if this is a basic question. I've been trading /ES and /NQ contracts for about 8 months now, and I'm trying to get my tax situation figured out before April.
24 comments


Misterclamation Skyblue
You've got the general concept right, but let me clarify a few things about futures taxation: With futures contracts, the IRS applies what's called "Section 1256 contracts" treatment - which gives you that 60/40 split regardless of how long you held the contract. This is actually a pretty nice tax advantage for active traders. Here's how it works: If you made $20,000 in futures trading profits, $8,000 (40%) would be taxed as short-term gains at your ordinary income rate, and $12,000 (60%) would be taxed at the long-term capital gains rate. The long-term capital gains rates (0%, 15%, or 20%) depend on your total taxable income, including both your job income and your capital gains. For 2023, the 0% rate applies to taxable income up to $44,625 for single filers. But since your regular income is already $65,000, you're beyond the 0% bracket before even counting any trading profits, so the 60% portion would be taxed at 15% in your case. Also remember that futures trading profits and losses are marked-to-market at year end, meaning open positions are treated as if they were sold on December 31st.
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Gabriel Ruiz
•Thanks for the explanation! So since my income is already $65k, I'm beyond the 0% capital gains bracket for the 60% portion of my futures gains? That's a bit disappointing, but still better than having it all taxed as ordinary income I guess. Do I need to be making estimated quarterly tax payments on these futures profits? I've heard something about that but wasn't sure if it applies to me.
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Misterclamation Skyblue
•Yes, since your regular income already puts you above the 0% capital gains threshold, the 60% portion of your futures profits will be taxed at 15% rather than 0%. It's still advantageous compared to short-term capital gains rates, which would be your ordinary income tax rate. Regarding quarterly estimated tax payments, if you expect to owe more than $1,000 in taxes when you file your return, you generally should make estimated tax payments. This applies to any income not subject to withholding, including futures trading profits. If you don't pay enough throughout the year, you could face an underpayment penalty. You can use Form 1040-ES to calculate and pay your estimated taxes, or adjust your W-4 withholding at your job to cover the additional tax liability.
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Peyton Clarke
Hey there! I was in exactly the same situation last year trying to figure out futures taxes. After spending hours confused, I found this awesome tool called taxr.ai (https://taxr.ai) that completely saved me. It has a specific section for futures and Section 1256 contracts that breaks down exactly how the 60/40 rule applies to your individual situation. What I really liked was that I could just upload my trading statements and it automatically categorized everything, calculated the split, and showed me my estimated tax liability alongside my regular income. It even flagged some wash sales in other securities I hadn't noticed (though those don't apply to futures, which is another benefit of futures trading). The tax calculations for futures can get surprisingly complex, especially when you're actively trading, but this made it super straightforward.
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Vince Eh
•Does it handle other types of trading too? I've got some futures but also a bunch of options and regular stocks. Would be great to have one tool that handles everything.
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Sophia Gabriel
•I'm skeptical about these tax tools. How accurate is it really? My tax situation is pretty complicated with futures, forex, and some crypto. Last thing I need is to rely on some tool and then get audited because it calculated something wrong.
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Peyton Clarke
•It absolutely handles other trading types too. The platform covers everything from stocks and options to cryptocurrencies and forex. I was actually surprised at how it properly separated my qualified dividends from non-qualified ones, which my previous tax software kept messing up. As for accuracy, I was initially skeptical too, but it's actually built by tax professionals who specialize in investment taxation. What gave me confidence was how it identified some complex situations like wash sales across different accounts that I had completely missed. After using it last year, I had my regular accountant review everything and he was impressed with how accurate it was, especially with the Section 1256 calculations. The tool also provides a detailed explanation of how each calculation was made, so you can verify the logic yourself or show your tax preparer.
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Sophia Gabriel
Just wanted to update after trying taxr.ai that the previous commenter recommended. I was the skeptical one, but damn, this thing actually saved me a ton of headaches. The futures tax calculations were spot on, and it handled my crypto trades way better than TurboTax did last year. What really impressed me was how it broke down the 60/40 split for each futures contract and calculated the different tax rates based on my income brackets. I realized I'd been overpaying taxes on my futures trades for the past 2 years because I didn't properly understand how the brackets worked with my other income. It even flagged some losses I could carry forward that I had completely forgotten about. Definitely worth checking out if you're trading futures and trying to figure out the tax implications.
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Tobias Lancaster
If you're having trouble getting answers from the IRS about your futures trading tax questions, try Claimyr (https://claimyr.com). I was on hold with the IRS for HOURS trying to get clarification about Section 1256 contracts and how they apply to my specific trading situation. After getting nowhere for days, I found Claimyr which got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to clarify exactly how my futures trading would impact my tax situation with my regular income, and confirmed that quarterly estimated payments were necessary in my case. Saved me from potentially paying penalties for underpayment.
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Ezra Beard
•How does this actually work? Do they just call the IRS for you or something? I don't get it.
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Statiia Aarssizan
•This sounds like BS to me. I've called the IRS dozens of times and NOBODY gets through in 15 minutes. Also, most IRS agents don't even understand the complexities of futures taxation and Section 1256 contracts. They usually just direct you to the publications or tell you to consult a tax professional.
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Tobias Lancaster
•It's actually pretty straightforward. Claimyr uses technology that navigates the IRS phone tree and waits on hold for you. When they reach an agent, you get a call back to connect with them. They don't call on your behalf - they just handle the waiting part, which is usually hours long. The value of speaking with an IRS agent isn't necessarily for complex tax strategy advice, but for confirming specific requirements like estimated payment obligations, documentation needs, or checking on the status of previously filed returns. You're right that for detailed futures trading tax strategy, a tax professional with experience in securities taxation is often better. But for my specific question about quarterly payment requirements based on my situation, the IRS agent was able to provide the exact guidance I needed, and I didn't have to waste a day on hold to get it.
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Statiia Aarssizan
I have to eat my words about Claimyr. After my skeptical comment, I decided to try it myself since I needed to ask about an amended return I filed that included futures trading corrections. It actually did connect me to an IRS agent in about 20 minutes, which is pretty incredible considering I've spent literal days of my life on hold with them. The agent was able to look up my amended return status and confirm they received the Section 1256 form corrections. While the agent wasn't a futures trading tax expert as expected, just being able to confirm they received my paperwork and get an estimated processing timeline was huge. Normally I would have been on hold for 2+ hours for that same information. Sorry for being a jerk in my previous comment. This service is legit.
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Reginald Blackwell
Just to add something that hasn't been mentioned yet - don't forget about the potential benefit of tax-loss harvesting with your futures positions at year-end. Since futures are marked-to-market on December 31st regardless of whether you close the position, you might want to strategically realize some losses to offset gains. Also, futures trading has another big advantage - no wash sale rules! So unlike stocks, you can sell a futures contract at a loss and immediately rebuy it without having to wait 30 days to claim the tax loss. With your income level, maximizing the 60% long-term treatment while strategically harvesting losses can make a significant difference in your after-tax returns.
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Aria Khan
•Wait, futures don't have wash sale rules? So I can literally sell /ES at a loss today and buy it back 1 minute later, and still claim the loss? That seems too good to be true.
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Reginald Blackwell
•That's correct! Section 1256 contracts, which include regulated futures contracts, are exempt from wash sale rules. This is one of the biggest tax advantages of trading futures versus stocks or options on stocks. You can absolutely sell an /ES contract at a loss and immediately repurchase it while still claiming the tax loss. This gives futures traders much more flexibility for tax planning, especially in December when you might want to realize some losses to offset gains elsewhere in your portfolio. Just remember though, this only applies to regulated futures contracts. If you're trading options on individual stocks or ETFs (not broad-based indices), those are still subject to wash sale rules. It's the Section 1256 designation that provides the wash sale exemption along with the favorable 60/40 tax treatment.
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Everett Tutum
One thing that helped me understand futures taxes was tracking everything throughout the year rather than trying to figure it all out in April. I use a spreadsheet to track each trade and calculate the potential tax impact based on my current income. Futures taxation is actually one of the main reasons I switched from day trading stocks to futures. Between the 60/40 split, mark-to-market treatment, and no wash sale rules, the tax advantages are significant if you're an active trader. I would also suggest looking at your overall tax situation. If you have a lot of futures gains this year, you might consider increasing your 401k contributions at your day job to reduce your taxable income, which could potentially keep more of your gains in a lower tax bracket.
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Sunny Wang
•Do you have a template for that spreadsheet you could share? I'm terrible at creating these things from scratch but that sounds super helpful.
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Serene Snow
•I don't have a specific template to share, but I can tell you what columns I track in mine: Trade Date, Contract, Entry Price, Exit Price, Quantity, P&L, Running Total P&L, and then I have calculated columns for the 60/40 split (60% Long-term, 40% Short-term). I also track my regular W-2 income YTD so I can estimate my total tax bracket. At the end of each month, I calculate estimated taxes owed on the futures gains and set that money aside in a separate account. The key is updating it regularly rather than scrambling at year-end. Most brokers provide good reporting, but having your own running total helps with tax planning throughout the year, especially for making those quarterly estimated payments.
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Zainab Omar
Great question! I went through the same confusion when I started trading futures. You've got the basic concept right - the 60/40 split is automatic for Section 1256 contracts like /ES and /NQ regardless of holding period. One thing to clarify: your total taxable income determines which capital gains bracket you fall into, not just your W-2 income. So if you have $65k from your job plus $20k in futures gains, you're looking at around $77k total income (after the 60/40 split calculation). This definitely puts you in the 15% long-term capital gains bracket for the 60% portion. Also, don't forget about the mark-to-market rule - any open futures positions on December 31st are treated as if you closed them for tax purposes. So even if you're holding contracts into the new year, you'll owe taxes on the unrealized gains from those positions. Make sure you're keeping good records throughout the year. Form 6781 is what you'll need to file for the Section 1256 treatment, and most brokers will provide you with a summary, but it's good to track things yourself too. Since you're 8 months in, you should definitely consider making estimated quarterly payments if you haven't already. The underpayment penalties can add up quickly on trading profits.
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Logan Greenburg
•This is really helpful! I didn't realize that my total taxable income (including the futures gains) determines the capital gains bracket. So even though I'm making $65k at my day job, if I add futures profits on top, I could potentially push myself into a higher bracket for the long-term portion too, right? The mark-to-market rule is something I definitely need to pay attention to. I've been holding some /ES positions for a few weeks now that are currently profitable, so I guess I'll owe taxes on those gains even if I don't close them by December 31st? And yeah, I definitely need to get on those quarterly payments. I've been putting it off but sounds like it's going to bite me if I don't start soon. Thanks for the Form 6781 tip - I'll make sure to ask my broker about their year-end summaries.
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Hailey O'Leary
•Exactly! Your total taxable income determines which bracket you fall into. So if you're making $65k from your job and have significant futures profits, you could potentially push into the 20% long-term capital gains bracket (which starts around $492k for single filers in 2024, so probably not an issue for most of us, but the 15% bracket does have limits too). Yes, on the mark-to-market rule - any open /ES positions you're holding will be marked to market on December 31st regardless of whether you actually close them. So if you have unrealized gains on those positions, you'll owe taxes on them as if you closed them on the last trading day of the year. Then if you continue holding into the new year and eventually close at a different price, you'll have additional gain/loss to report in the following year. For quarterly payments, since we're already in Q4, you might want to calculate what you owe for the full year and make a larger Q4 payment to catch up. The IRS generally wants you to pay either 90% of current year tax liability or 100% of last year's liability (110% if your prior year AGI was over $150k) to avoid underpayment penalties. One more tip: keep track of any commissions and fees from your futures trading - those are deductible against your trading profits and can add up over time, especially if you're actively trading.
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Zoe Papadopoulos
I've been trading futures for about 2 years now and wanted to share something that really helped me understand the tax implications better. The 60/40 treatment is definitely a huge advantage, but one thing that caught me off guard my first year was how the mark-to-market rule affects your cash flow planning. Since you're taxed on unrealized gains at year-end, you could potentially owe taxes on profits you haven't actually "cashed out" yet if you're holding positions. I learned this the hard way when I had some profitable /NQ positions going into December and suddenly owed taxes on gains I was planning to let ride into the next year. Now I make sure to either close profitable positions before year-end if I don't want the tax hit, or I set aside cash throughout the year to cover potential taxes on open positions. It's actually made me a more disciplined trader because I have to think about the tax implications of keeping positions open across year boundaries. Also, since you mentioned you're 8 months in, definitely start making those quarterly payments. The penalty for underpayment isn't huge, but it's annoying and completely avoidable. I use the safe harbor rule - just pay 100% of last year's total tax liability spread across four quarters, and you're protected from penalties even if you end up owing more.
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Dmitry Volkov
•This is such valuable insight about the cash flow planning aspect! I hadn't really thought about how the mark-to-market rule could create a situation where I owe taxes on money I haven't actually realized yet. That's definitely something I need to plan for, especially since I tend to hold some positions for weeks or months. The safe harbor rule sounds like a smart approach for the quarterly payments. Since this is my first year with significant trading profits, I'm guessing my total tax liability this year will be much higher than last year, so paying 100% of last year's liability should be the easier path to avoid penalties. Do you have any rules of thumb for how much cash to set aside throughout the year for potential taxes on open positions? I'm thinking maybe I should calculate the potential tax hit on my current unrealized gains each month and make sure I have that amount liquid just in case.
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