WHAT THE LAW DOINCongress, in plain words

The law › Title 26, Internal Revenue Code › Chapter 1

26 U.S.C. 1256: Section 1256 contracts marked to market

Created in 1981 by Public Law 97-34. Changed by 11 later laws. 1 bill in this Congress would change it.

This Congress

  • H.R. 10357 Digital Asset Tax Certainty Act · introduced · would change (f)

How it got here

2018

  • Pub. L. 115–141 substituted "section 461(k)(4)" for "section 464(e)(2)". (Consolidated Appropriations Act, 2018) Law text · (e), (C)

2010

  • Pub. L. 111–203 redesignated first sentence as par. (1), inserted heading, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), added par. (2), and struck out concluding provisions which read as follows: "The term 'section 1256 contract' shall not inc… (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (b)

2005

  • Pub. L. 109–135 substituted "subsection (e)(2)" for "subsection (e)(2)(C)". (Gulf Opportunity Zone Act of 2005) Law text · (f)

2004

  • Pub. L. 108–311 added at end of concluding provisions "The Secretary may prescribe regulations regarding the status of options the values of which are determined directly or indirectly by reference to any index which becomes (or ceases to be) a narrow-based security index (as so def… (Working Families Tax Relief Act of 2004) Law text · (g)

2002

  • Pub. L. 107–147 added par. (5). (Job Creation and Worker Assistance Act of 2002) Law text · (f)

2000

  • Pub. L. 106–554, §1(a)(7) [title IV, §401(g)(1)(A)], added par. (5) and concluding provisions. (Consolidated Appropriations Act, 2001) Law text · (b)
  • Pub. L. 106–554, §1(a)(7) [title IV, §401(g)(2)], inserted "and dealer securities futures contracts" after "dealer equity options" in heading and ", or dealer securities futures contracts," after "dealer equity options" in introductory provisions. (Consolidated Appropriations Act, 2001) Law text · (f)
  • Pub. L. 106–554, §1(a)(7) [title IV, §401(g)(3)], amended heading and text of par. (6) generally. Prior to amendment, text read as follows: (Consolidated Appropriations Act, 2001) Law text · (g)
  • Pub. L. 106–554, §1(a)(7) [title IV, §401(g)(1)(B)], added par. (9). (Consolidated Appropriations Act, 2001) Law text · (g)

1999

  • Pub. L. 106–170 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "For purposes of this subsection, the term 'hedging transaction' means any transaction if— (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)

1986

  • Pub. L. 99–514 redesignated par. (5) as (4) and struck out former par. (4), special rule for banks, which read as follows: "In the case of a bank (as defined in section 581), subparagraph (A) of paragraph (2) shall be applied without regard to clause (i) or (ii) thereof." · (e), (5)

1984

  • Pub. L. 98–369, §102(e)(5), substituted "Section 1256 contracts" for "Regulated futures contracts" in section catchline.
  • Pub. L. 98–369, §102(a)(1), substituted "section 1256 contract" for "regulated futures contract" and "section 1256 contracts" for "regulated futures contracts" wherever appearing. · (a), (3), (4)
  • Pub. L. 98–369, §102(a)(2), in par. (1), substituted "any regulated futures contract" for "with respect to which the amount required to be deposited and the amount which may be withdrawn depends on the system of marking to market; and", in par. (2), substituted "any foreign currency co… · (b)
  • Pub. L. 98–369, §102(a)(1)(A), (e)(1)(A), substituted "section 1256 contracts" for "regulated futures contracts", and "by taking or making delivery, by exercise or being exercised, by assignment or being assigned, by lapse," for "by taking or making delivery,". · (c)
  • Pub. L. 98–369, §102(e)(1)(C), substituted "takes delivery on or exercises" for "takes delivery on" in heading. · (c)
  • Pub. L. 98–369, §102(a)(1)(B), substituted "section 1256 contracts" for "regulated futures contracts". · (c)
  • Pub. L. 98–369, §102(e)(1)(B), substituted "takes delivery under or exercises" for "takes delivery under". · (c)
  • Pub. L. 98–369, §102(a)(1)(B), substituted "section 1256 contracts" for "regulated futures contracts". · (d), (4)
  • Pub. L. 98–369, §102(a)(1)(A), substituted "section 1256 contract" for "regulated futures contract". · (d)
  • Pub. L. 98–369, §107(c), inserted "(or such earlier time as the Secretary may prescribe by regulations)". · (d)
  • Pub. L. 98–369, §107(d), inserted "(or such earlier time as the Secretary may prescribe by regulations". · (e)
  • Pub. L. 98–369, §104(a), added par. (5). · (e)
  • Pub. L. 98–369, §102(b), added pars. (3) and (4). · (f), (4)
  • Pub. L. 98–369, §102(a)(3), in amending subsec. (g) generally, inserted provisions relating to regulated futures contracts as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2), and added pars. (3) to (8). · (g)
  • Pub. L. 98–369, §722(a)(2), inserted ", or the settlement of which depends on the value of," after "delivery of". · (g)

1983

  • Pub. L. 97–448, §105(c)(5)(A), (B), struck out par. (1) which related to contracts requiring delivery of personal property (as defined in section 1092(d)(1)) or an interest in such property, redesignated pars. (2) and (3) as (1) and (2), respectively, and inserted last sentence providi… · (b)
  • Pub. L. 97–448, §105(c)(1), inserted ", etc." after "Terminations" in heading and, in text, designated existing first and second sentences as pars. (1) and (3), respectively, added par. (2), inserted "(or transfer)" after "termination" and "(or rights)" after "obligation" in par. (1) a… · (c)
  • Pub. L. 97–448, §105(c)(2), substituted "day on which the first regulated futures contract forming part of the straddle is acquired" for "day on which such position is acquired". · (d)
  • Pub. L. 97–448, §105(c)(3), inserted "(by regulations or otherwise)" after "determines". · (e)
  • Pub. L. 97–448, §105(c)(5)(C), added subsec. (g). · (g)

1982

  • Pub. L. 97–354 substituted "an S corporation" for "an electing small business corporation within the meaning of section 1371(b)". · (e)

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.