Crypto Trader Taxes: Can You Trade Crypto Futures in the US?
Author: Jameson Richman Expert
Published On: 2024-11-24
Prepared by Jameson Richman and our team of experts with over a decade of experience in cryptocurrency and digital asset analysis. Learn more about us.
In recent years, the popularity of cryptocurrencies has surged, leading to a growing number of individuals seeking to venture into crypto trading. As digital currencies gain traction, many traders are curious about the tax implications of their activities, particularly when it comes to crypto futures. This article will explore the intricacies of crypto trader taxes, the rules surrounding crypto futures trading in the US, and the challenges traders face in navigating this evolving landscape.

Understanding Crypto Taxation in the US
The Internal Revenue Service (IRS) treats cryptocurrencies as property, which means that trading, buying, or selling them has tax implications similar to financial securities. This classification can get complicated, especially for traders engaging in various forms of trading, such as futures, spot trading, or leverage trading. Below, we’ll break down the fundamental aspects of crypto taxation.
What Kind of Taxes Apply to Crypto Trading?
When you trade cryptocurrencies, several taxes may apply, including:
- Capital Gains Tax: If you sell your cryptocurrency for more than you paid for it, the profit is subject to capital gains tax. This applies to short-term (held for one year or less) and long-term (held for more than one year) capital gains.
- Income Tax: If you receive cryptocurrency as payment for services rendered, it’s treated as ordinary income and taxed accordingly.
- Self-Employment Tax: If you’re trading crypto as a part of your business, you may also need to pay self-employment taxes.
How to Report Crypto Income
Reporting taxable events can often leave traders feeling confused. Here are the steps to ensure you’re compliant:
- Determine your taxable events: Every time you sell or exchange cryptocurrency, it might be a taxable event. This includes trading one crypto for another or using crypto to make a purchase.
- Calculate gains and losses: For each transaction, calculate how much you gained or lost by subtracting the purchase price (basis) from the selling price. Keep in mind that losses can offset gains.
- Fill out the tax forms: Use IRS Form 8949 to report the gains and losses on crypto transactions and Schedule D to summarize the results.
Can You Trade Crypto Futures in the US?
The crypto landscape is not only restricted to spot trading; futures trading has risen to prominence as a popular trading method. But can US traders freely engage in crypto futures trading? The answer is yes, with some caveats.
What Are Crypto Futures?
Crypto futures are contracts that allow traders to speculate on the future price of a cryptocurrency. Unlike spot trading, where you buy and sell the underlying asset, futures involve agreeing to buy or sell the asset at a predetermined price at a specific future date. This method allows traders to profit from both rising and falling markets.
Key Features of Crypto Futures
Here are some characteristics that make crypto futures attractive to traders:
- Leverage: Futures trading allows you to trade with borrowed funds, which can amplify your gains—or your losses.
- Hedging: Futures can be used to protect an investment against adverse price movements.
- Liquidity: Crypto futures often have higher trading volumes compared to spot trading, making it easier to enter and exit positions.
Legal Considerations for Trading Crypto Futures in the US
While trading crypto futures is legal in the US, there are important considerations to be aware of:
Regulation by CFTC
The Commodity Futures Trading Commission (CFTC) regulates the trading of futures contracts in the US. This means that any exchange offering crypto futures must comply with CFTC regulations, which include reporting requirements and risk disclosures.
Approved Exchanges
Not every trading platform can facilitate crypto futures. Only CFTC-approved exchanges such as Binance Futures, BitMEX, and Kraken allow US traders to access these products. Ensure you conduct thorough research before selecting a trading venue.
KYC and AML Requirements
Due to anti-money laundering (AML) and know-your-customer (KYC) regulations, most exchanges will require you to verify your identity before you can start trading. This often includes providing personal information and documents.
Tax Implications of Trading Crypto Futures
Just like regular crypto trading, trading futures comes with its own set of tax implications. Here’s a rundown:
Tax Treatment of Futures Trading
In the US, profits and losses from trading futures are subject to Section 1256 of the Internal Revenue Code. This means:
- 60/40 Rule: Gains and losses from futures trading are treated as 60% long-term and 40% short-term. This is beneficial for traders because long-term capital gains have lower tax rates.
- Mark-to-Market Accounting: Futures contracts are subject to mark-to-market taxation, meaning that they are automatically considered sold at the end of the tax year for tax purposes.
Strategies for Tax Efficiency
Trading crypto futures can lead to significant gains, but it’s crucial to understand how to manage your tax liabilities to maximize profitability. Here are some strategies to consider:
- Use Tax-Advantaged Accounts: Consider using tax-advantaged accounts like IRAs for your crypto trading to defer taxes.
- Claiming Losses: If you make losses, claim them to offset gains in other areas of your investment portfolio.
- Regularly Track Transactions: Keep meticulous records of your trading activity to ensure accurate reporting come tax season.

Conclusion
The world of crypto trading presents exciting opportunities, but it is laden with complexities such as taxation and regulatory frameworks. As a trader in the US, you can engage in crypto futures trading, but it’s vital to stay informed about the regulations, choose the right exchanges, and understand the tax implications of your trading activities.
Always consult with a tax professional or financial advisor to ensure that your trades are compliant with current tax laws and regulations. This knowledge can make a significant difference in your trading journey and keep you on the right side of compliance, allowing you to focus on what matters most: making informed trading decisions and maximizing your profits.