Tax Facts

7582 / What is a "nonequity" option?

Updated: October 28, 2026 at 10:40 PM
For federal income tax purposes, a nonequity option is any option traded on a national securities exchange or commodity futures exchange (or other exchange, board of trade, or market designated by Treasury) that is not an “equity” option.1 Thus, options on regulated futures contracts are nonequity options. In addition, the term “nonequity option” includes any option traded on a national securities exchange (or other market designated by Treasury) whose value is determined directly or indirectly by reference to broad-based groups of stocks and broad-based stock indexes.2 See Q 7560 for the definition of “broad-based security index.”


The IRS has ruled that options to buy or sell stock that are based on a stock index and that are traded on (or subject to the rules of) a qualified board or exchange meet the requirements for contract market designation and are nonequity options if (a) the options provide for cash settlement, and (b) the SEC has determined that the stock index is a “broad-based” index. These options are considered “IRC Section 1256 contracts” (see Q 7592). Furthermore, warrants that are based on a stock index and that are economically, substantively identical in all material respects to options based on a stock index are treated as options based on a stock index.3

As one of several types of “IRC Section 1256 contracts,” a nonequity option is taxed under the “mark to market” requirements (see Q 7592). Such a position is excluded from the definition of an appreciated financial position under IRC Section 1259(b)(2)(B) (see Q 7617). However, depending on the taxpayer’s other holdings, it appears that a constructive sale could result from the acquisition of a nonequity option (see Q 7617 to Q 7621).4

For an explanation of the application of the conversion transaction rules to transactions involving the contemporaneous acquisition of a put option and the underlying (or substantially identical) stock, see Q 7616.






1.   IRC §§ 1256(g)(3), 1256(g)(7).

2.   H.R. Conf. Rep. No. 106-1033 (CRTRA 2000); IRC § 1256(g)(6).

3.   Rev. Rul. 94-63, 1994-2 CB 188.

4.   IRC § 1259(c)(1)(E).


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