Are ICE Endex futures Section 1256 contracts now? Yes — for contracts entered into on or after September 1, 2026. In Rev. Rul. 2026-16, the IRS determined that ICE Endex, a Netherlands regulated exchange, is a qualified board or exchange under § 1256(g)(7)(C), so its futures and futures options get mark-to-market and 60/40 capital-gain treatment…
How do founders keep QSBS treatment through a recapitalization? A Section 368(a)(1)(E) tax-free recap can preserve QSBS under Section 1202(h)(4)(A), but only if the reorganization requirements are met, the aggregate gross assets threshold is respected, and Section 305 does not turn the recap into a taxable deemed distribution. Many of our founder clients organize as…
Do you owe concert ticket resale tax on BTS SoFi tickets you flipped? If you sold for more than you paid, yes. Concert ticket resale tax applies to the net gain whether or not StubHub or Ticketmaster sends a Form 1099-K. The 2026 reporting threshold is $20,000 and 200 transactions, so most fans will never…
What is Net Unrealized Appreciation (NUA), and could it lower my 401(k) tax bill? Net unrealized appreciation is a federal tax election under IRC §402(e)(4)(B) that lets you move employer stock out of a qualified retirement plan and pay ordinary income tax only on the stock’s original cost basis. The built-in gain is then taxed…
Can you defer tax when you sell investment property? Often, yes. A Section 1031 exchange lets you defer capital gains tax when you swap real property held for business or investment for like-kind real property. The trade-off: strict deadlines — 45 days to identify a replacement and 180 days to close — and, since 2018,…
Are the Opportunity Zone rules changing? Yes. In IRS Notice 2026-40, the Treasury Department and the IRS announced that they intend to issue proposed regulations on Qualified Opportunity Zones under Internal Revenue Code §§ 1400Z-1 and 1400Z-2, as amended by the One, Big, Beautiful Bill Act (OBBBA). The notice provides transitional guidance for investments made…
Do states follow the federal QSBS exclusion under OBBBA — and why does state conformity matter? Not automatically. The One Big Beautiful Bill Act (OBBBA, Pub. L. No. 119-21) expanded the federal Qualified Small Business Stock (QSBS) exclusion under IRC §1202 — but states set their own conformity. Maine and Oregon have enacted legislation DECOUPLING…
