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988 transaction

From Wikipedia, the free encyclopedia
US tax terminology
This article is part ofa series on
Taxation in the United States
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A988 transaction is a transaction described in section 988(c)(1) of theInternal Revenue Code[1] in theUnited States of America. This transaction occurs when a taxpayer enters into or acquires any debt instrument,forward contract,futures contract, option, or similar financial instrument held in anon-functional currency.[1] The rules for 988 transactions do not apply to any regulated futures contract or non-equity options which would bemarked to market under 26 USCA § 1256[2] (1256 contract) if held on the last day of the taxable year.[1]

History

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The provisions covering 988 transactions were enacted as part of theTax Reform Act of 1986.[3][4]

Application

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The foreign currency gain or loss on a 988 transaction is treated asordinary income or loss unless an election is made to treat it as a capital gain or loss.[1]

See also

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References

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  1. ^abcd26 USCA section 988
  2. ^26 USCA § 1256
  3. ^NY CPA Journal
  4. ^See section 1261(a) of the Tax Reform Act of 1986, Pub. L. No. 99-514 (Oct. 22, 1986).

External links

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