Tax Classification Still Undetermined: Kalshi Bitcoin Perpetual Contracts Recognized by CFTC as Futures, CME Says They Are Swaps

Odaily News: Bitcoin News posted on X platform that after the CFTC approved Kalshi's Bitcoin perpetual contracts as futures products, uncertainty remains over how traders should report gains to the IRS. If the product is recognized as a regulated futures contract under Section 1256 of the U.S. tax code, the related gains are typically treated as 60% long-term capital gains and 40% short-term capital gains, regardless of the holding period. CME believes that Kalshi's perpetual contracts are actually swaps, and swaps are explicitly outside the scope of Section 1256. The CFTC's classification supports the view that they are futures products, but it is not binding on the IRS. Until the IRS, U.S. Congress, or courts directly address Bitcoin perpetual contracts, their tax treatment remains undetermined.