The law › Title 26, Internal Revenue Code › Chapter 1
26 U.S.C. 1092: Straddles
Created in 1981 by Public Law 97-34. Changed by 11 later laws. 1 bill in this Congress would change it.
1 part of federal rules cite it as their authority, written by Internal Revenue Service, Department of the Treasury (1).
- past change
- enacted this Congress
- proposed
This Congress
- H.R. 10357 Digital Asset Tax Certainty Act · introduced · would change (d)
How it got here
2018
- Pub. L. 115–141, §401(a)(170), substituted "with respect to other" for "with respect other" in concluding provisions. (Consolidated Appropriations Act, 2018) Law text · (a)
- Pub. L. 115–141, §401(a)(171), struck out "(other than subparagraph (B) thereof)" after "paragraphs (3)" in concluding provisions. (Consolidated Appropriations Act, 2018) Law text · (c)
2007
- Pub. L. 110–172, §7(d)(2)(B)(i), substituted "positions" for "identified positions". (Tax Technical Corrections Act of 2007) Law text · (a)
- Pub. L. 110–172, §7(d)(2)(B)(ii), (iii), substituted "any position" for "any identified position" and "the offsetting positions" for "the identified offsetting positions". (Tax Technical Corrections Act of 2007) Law text · (a)
- Pub. L. 110–172, §7(d)(1), struck out "and" at end. (Tax Technical Corrections Act of 2007) Law text · (a)
- Pub. L. 110–172, §7(d)(1), added cl. (iii) and redesignated former cl. (iii) as (iv). (Tax Technical Corrections Act of 2007) Law text · (a), (iv)
- Pub. L. 110–172, §7(d)(2)(A), inserted concluding provisions. (Tax Technical Corrections Act of 2007) Law text · (a)
- Pub. L. 110–172, §7(d)(3), (4), added subpar. (C), redesignated former subpar. (C) as (D), and inserted "the rules for the application of this section to a position which is or has been a liability or obligation, methods of loss allocation which satisfy the requirements of s… (Tax Technical Corrections Act of 2007) Law text · (a), (D)
- Pub. L. 110–172, §7(d)(2)(C), substituted "offsetting position" for "identified offsetting position". (Tax Technical Corrections Act of 2007) Law text · (a)
2005
- Pub. L. 109–135 added subpar. (C) and struck out concluding provisions of subpar. (B) which read as follows: "The Secretary shall prescribe regulations which specify the proper methods for clearly identifying a straddle as an identified straddle (and the positions comprising such st… (Gulf Opportunity Zone Act of 2005) Law text · (a)
2004
- Pub. L. 108–357, §888(a)(1), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: "In the case of any straddle which is an identified straddle as of the close of any taxable year— (American Jobs Creation Act of 2004) Law text · (a)
- Pub. L. 108–357, §888(a)(2)(B), inserted concluding provisions. (American Jobs Creation Act of 2004) Law text · (a)
- Pub. L. 108–357, §888(a)(2)(A), added cl. (ii) and struck out former cl. (ii) which read as follows: "all of the original positions of which (as identified by the taxpayer) are acquired on the same day and with respect to which— (American Jobs Creation Act of 2004) Law text · (a)
- Pub. L. 108–357, §888(a)(3), added subpar. (B) and redesignated former subpar. (B) as (C). (American Jobs Creation Act of 2004) Law text · (a), (C)
- Pub. L. 108–357, §888(a)(4), redesignated subpar. (C) as (B) and struck out heading and text of former subpar. (B). Text read as follows: "If 1 or more positions offset only a portion of 1 or more other positions, the Secretary shall by regulations prescribe the method for d… (American Jobs Creation Act of 2004) Law text · (c), (C)
- Pub. L. 108–357, §888(c)(1), reenacted heading without change and amended text of par. (3) generally, substituting provisions directing that the term "personal property" includes stock only if it is of a certain type or of a certain type of corporation and setting forth rule for app… (American Jobs Creation Act of 2004) Law text · (d)
- Pub. L. 108–357, §888(b), added par. (8). (American Jobs Creation Act of 2004) Law text · (d)
2000
- Pub. L. 106–554 added subcl. (II) and redesignated former subcl. (II) as (III). (Consolidated Appropriations Act, 2001) Law text · (d), (III)
1999
- Pub. L. 106–170 substituted "1221(a)" for "1221". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (a)
1997
- Pub. L. 105–34 substituted "The" for "Except for purposes of section 851(b)(3), the". (Taxpayer Relief Act of 1997) Law text · (f)
1988
- Pub. L. 100–647 added subpar. (D). · (b)
1986
- Pub. L. 99–514, §331(a), in cl. (i), inserted "or the stock is disposed of at a loss", in cl. (ii), substituted "or gains on such options are" for "is", and in cl. (iii), inserted "or option" and "or the disposition of such stock". · (c)
- Pub. L. 99–514, §1808(c), inserted at end "The preceding sentence shall not apply to any interest in stock." · (d)
- Pub. L. 99–514, §1899A(66), amended directory language of section 101(b)(2) of Pub. L. 98–369 to clarify general amendment by sections 101(d) and 102(e) of Pub. L. 98–369. See 1984 Amendment notes below. · (d), (6)
- Pub. L. 99–514, §1261(b), added par. (7). · (d)
1984
- Pub. L. 98–369, §107(a), designated existing provisions as subcl. (I) and added subcl. (II). · (a)
- Pub. L. 98–369, §103(a), amended subsec. (b) generally, substituting provisions dealing with regulations for provisions dealing with character of gain or loss and wash sales. · (b)
- Pub. L. 98–369, §101(a)(2), added par. (4). · (c)
- Pub. L. 98–369, §101(b)(1), struck out "(other than stock)" before "of a type". · (d)
- Pub. L. 98–369, §101(a)(1), redesignated former subpar. (A) as entire par. (2), and struck out former subpar. (B) which provided that "position" includes any stock option which is a part of a straddle and which is an option to buy or sell stock which is actively traded, but does not… · (d)
- Pub. L. 98–369, §101(b)(2), as amended by Pub. L. 99–514, §1899A(66), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. · (d), (4)
- Pub. L. 98–369, §101(d), amended par. (4) generally, substituting provisions relating to special rules for section 1256 contracts for provisions relating to special rules for regulated futures contracts. · (d)
- Pub. L. 98–369, §101(b)(2), as amended by Pub. L. 99–514, §1899A(66), redesignated former par. (4) as (5). Former par. (5) redesignated (6). · (d)
- Pub. L. 98–369, §102(e)(2), amended par. (5) generally, substituting references to section 1256 contracts for references to regulated futures contracts wherever appearing in heading and text. · (d)
- Pub. L. 98–369, §101(b)(2), as amended by Pub. L. 99–514, §1899A(66), redesignated former par. (5) as (6). · (d)
- Pub. L. 98–369, §101(c), added subsec. (f) and redesignated former subsec. (f) as (g). · (f), (g)
1983
- Pub. L. 97–448, §105(a)(1)(A), (2), substituted "unrecognized gain" for "unrealized gain" and "which were offsetting positions with respect to 1 or more positions from which the loss arose" for "which— (i) were acquired by the taxpayer before the disposition giving rise to such l… · (a)
- Pub. L. 97–448, §105(a)(1)(B), substituted "Unrecognized gain" for "Unrealized gain" in heading. · (a)
- Pub. L. 97–448, §105(a)(1)(B), substituted "unrecognized gain" for "unrealized gain" as term defined, designated existing definition as cl. (i), and added cl. (ii). · (a)
- Pub. L. 97–448, §105(a)(1)(C), substituted "with respect to which, as of the close of the taxable year, there is unrecognized gain, and" for "which is held by such taxpayer as of the close of the taxable year and with respect to which there is unrealized gain, and". · (a)
- Pub. L. 97–448, §105(a)(1)(C), substituted "unrecognized gain" for "unrealized gain". · (a)
- Pub. L. 97–448, §105(a)(4), substituted "subsection (a)(2)(B)" for "subsection (a)(3)(B)". · (c)
- Pub. L. 97–448, §105(a)(3), substituted "a straddle at least 1 (but not all) of the positions of which are regulated futures contracts, the provisions of this section shall apply" for "a straddle— (A) at lease 1 (but not all) of the positions of which are regulated futures contracts… · (d)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.