Back to IRS

Ravi Kapoor

Question about qualified covered calls tax treatment for long-term stock holdings

I've been holding some stock for several years now and about 3 weeks ago I wrote a covered call against 100 shares. When I wrote it, the expiration was less than 30 days out and the strike price was out-of-the-money. Now the stock price has jumped quite a bit and it's getting pretty close to the strike price. I'm totally fine with the shares being called away at this strike, but I'm confused about whether this would be considered a qualified or non-qualified covered call. The big concern I have is tax treatment - I'd be pretty upset if I end up having to pay short-term capital gains on shares I've held for years when selling them outright would've given me the long-term capital gains rate. If this ends up being classified as a non-qualified covered call, should I just buy back the call option at a loss to avoid getting hit with a bunch of short-term capital gains on my underlying shares? I tried going through IRS Publication 550, but couldn't find a clear example covering this specific situation (less than 30 days until expiration but with an OTM strike). Any insights would be really appreciated!

This is a good question about qualified covered calls! The rules can be tricky. When determining if your covered call is "qualified" (meaning it won't affect the holding period of your stock), there are two main factors: the time until expiration and the strike price relative to the current market price. For a covered call with less than 30 days until expiration when written, the key factor is whether the strike price is "in-the-money" or not. If the strike price was out-of-the-money when you wrote it (as you stated), then generally it would be considered a qualified covered call, even if the stock price later rises closer to the strike. The IRS mainly cares about the conditions at the time you wrote the option, not what happens to the stock price afterward. So if your call was OTM when written and within 30 days of expiration, you should still get long-term capital gains treatment on your underlying shares if they get called away.

0 coins

Thanks for the explanation! I have a follow-up question - does the amount by which the option was OTM matter? Like, if it was only a tiny bit OTM (like 0.5% above current price), would that still qualify? And what if the option expiration was exactly 30 days out when written - is that still considered "less than 30 days"?

0 coins

For options with less than 30 days until expiration, the rule generally requires that the strike price not be lower than the current price (not in-the-money) when written. There isn't a specific percentage requirement for how far OTM it needs to be - even slightly OTM should qualify. Regarding the 30-day mark, the IRS language typically refers to options with "less than 30 days" until expiration, which would suggest that exactly 30 days would not fall into this category. However, in practice, exactly 30 days is often treated as "30 days or less." If you're in this exact situation, consulting with a tax professional for your specific case would be advisable.

0 coins

What if I sell OTM covered calls of less than 30DTE on LEAPS that are held less than 1 year. Does this reset the holding period on the LEAPS?

0 coins

I had a similar situation last year and I found this tool at https://taxr.ai that really helped clarify my options trading tax questions. Before I discovered it, I was totally confused about qualified vs non-qualified covered calls and potentially facing thousands in unexpected taxes. The system analyzed my trades and clearly showed that my covered calls were qualified since they were OTM when written, even though they later went ITM before expiration. It saved me from panicking and buying back calls at a loss unnecessarily. What's great is you can upload your trading history and it flags potential tax issues before you file.

0 coins

Does it work with data from all the major brokerages? My trading platform's tax reporting for options is absolutely terrible and I never know if I'm getting the right treatment.

0 coins

I'm skeptical about tools like this. How accurate is it really with something as complex as options tax treatment? Does it actually cite the specific IRS rules it's using to make these determinations?

0 coins

Yes, it works with all the major brokerages! I use TD Ameritrade and it imported my trading history seamlessly, but I know it also supports Robinhood, E*TRADE, Fidelity, and others. The import process was really smooth - just download your trading history CSV and upload it. Regarding accuracy, I was skeptical too initially, but it actually shows you the specific IRS rules and publications it's referencing for each determination. For covered calls specifically, it cited Publication 550 and showed exactly which aspects of my trade qualified under the rules. The explanations are in plain English too, so you understand why each conclusion was reached. It's definitely more thorough than the generic info my CPA gave me.

0 coins

I have to admit I was wrong about being skeptical of taxr.ai. After our discussion last week, I decided to try it with my options trades from 2023-2024. I had a similar situation with covered calls that I wasn't sure about, and the analysis confirmed they were qualified because they were OTM when written. The tool found three instances where my broker had incorrectly categorized some complex options transactions, which would have cost me about $2,300 in unnecessary taxes. It provided documentation I could show my accountant to make sure everything was filed correctly. Definitely worth checking out if you do any kind of options trading - wish I'd known about this years ago!

0 coins

If you're struggling to get clear answers from the IRS publications like I was, you might want to try Claimyr (https://claimyr.com). After spending hours on hold trying to get someone at the IRS to clarify my covered call situation, I used their service and got connected to an IRS agent in about 15 minutes. There's even a video showing how it works: https://youtu.be/_kiP6q8DX5c The agent was able to confirm that covered calls that are OTM when written typically maintain the long-term status of the underlying shares, even if they later go ITM. What I learned is that the qualification is determined at the time of writing, not at expiration or assignment. Saved me so much stress and potentially thousands in unexpected taxes.

0 coins

How does this actually work? I've literally spent hours trying to get through to the IRS directly and always end up in an endless hold loop. Are they somehow getting priority access to IRS agents?

0 coins

This sounds too good to be true. I've tried calling the IRS dozens of times over the past few years and it's always a minimum 2-hour wait if I get through at all. Are you sure you actually got an official IRS agent and not some third-party "tax expert"?

0 coins

It's actually pretty straightforward. They use a system that continuously dials and navigates the IRS phone tree for you. When they finally get a spot in the queue, they call you and connect you directly to the IRS agent. You're talking to actual IRS representatives, not third-party advisors. The system basically does the waiting for you. You enter your phone number on their site, select which IRS department you need to reach, and go about your day. When they get through, you get a call connecting you directly to the IRS agent. The agent I spoke with was definitely an official IRS employee who could access my tax records and provide authoritative guidance.

0 coins

I need to follow up about my skepticism regarding Claimyr. I was totally wrong. After our exchange last week, I was desperate enough to try it since I needed clarification on a covered call situation similar to the original poster's. Within 20 minutes, I was connected to an actual IRS agent who confirmed the exact qualification rules. They explained that if the call was OTM when written (even if only slightly), and I had held the stock for the long-term holding period, I would still get LTCG treatment even if assigned. This matched what others here said, but getting it directly from the IRS gave me confidence. The time and stress saved was honestly worth it, and I was able to make better decisions about whether to let my calls expire or buy them back. Never thought I'd be able to get a clear IRS answer in the middle of tax season!

0 coins

Something else to keep in mind that hasn't been mentioned yet - the "qualified covered call" rules also have a requirement about the strike price being no lower than the "lowest qualified bench mark." This varies based on the stock price when you wrote the option. If your stock was trading between $25.01 and $60 when you wrote the call, the strike price needs to be within 85% of the stock price to be qualified. If the stock was between $60.01 and $150, it needs to be within 90%. There are different percentages for other price ranges too. So even if it was OTM when written, you need to make sure it wasn't TOO far OTM based on these percentages. People often miss this part of the rules.

0 coins

Thanks for bringing this up - I totally missed this aspect! My stock was trading around $75 when I wrote the call, and the strike price was about 5% higher than the market price. Based on what you're saying, it sounds like I need to make sure the strike was within 90% of the stock price, which it definitely was since it was actually higher. Does that sound right?

0 coins

Yes, you've got it right. Since your stock was trading around $75 (which falls in the $60.01-$150 range), the strike price needs to be at least 90% of the stock's price when written to be qualified. Since your strike was actually 5% higher than the market price (so 105% of the stock price), it easily meets this requirement. Your covered call sounds properly qualified based on both the OTM status when written and the strike price benchmark. You should be able to maintain your long-term capital gains treatment on the underlying shares if they get called away. Just make sure you document the conditions (price, dates, etc.) when you wrote the call in case there are any questions later.

0 coins

Don't forget about the wash sale implications if you decide to buy back the call at a loss and then write another one! If you buy back your covered call at a loss and then write another covered call on the same stock within 30 days, the loss on the first call might be disallowed under wash sale rules.

0 coins

Is that really true? I thought wash sale rules didn't apply to options with different strike prices or expiration dates. So if you buy back a covered call and then write a new one with either a different strike or expiration, it wouldn't trigger a wash sale.

0 coins

You're right to question this - the wash sale rules for options are more nuanced than for stocks. Generally, options with different strike prices or expiration dates are considered "substantially different" securities, so buying back a call and writing a new one with different terms typically wouldn't trigger wash sale rules. However, if you buy back a call at a loss and immediately write another call with the exact same strike price and expiration date on the same underlying stock, that could potentially trigger wash sale treatment. The key is whether the options are "substantially identical." @Nia Davis - do you have a specific source on this? I d'be interested to see the IRS guidance on covered call wash sales, as it s'not something I ve'encountered frequently in practice.

0 coins

IRS AI

Expert Assistant
Secure