Taxes on Commodities: What You Need to Know

What is Commodity Transaction Tax

The commodities transaction tax (CTT) was introduced in the 2013-14 Union Budget to boost the central government’s financial resources. The CTT is a tax on the trading of non-agricultural commodities, which is the same rate as that levied on equity futures. This move was proposed to make commodities trading more transparent.

The government wanted to tax the sale of goods and commodities. Still, they decided not to after getting advice from the Prime Minister’s Economic Advisory Council. The goal was to create fair regulations for traders of both stocks and commodities, but it was ultimately abandoned.

How Commodity Transaction Tax is Levied

The commodity transaction tax is a tax paid by the buyer and seller of a commodity when they complete a futures contract. The tax is based on the size of the contract. The commodities that are taxed are things like metals (gold, silver, copper) and energy products (crude oil, natural gas).

The STT that stock market traders pay for each transaction ranges from 0.1 percent to 0.25 percent. This tax rate was drastically reduced for investors. They must now pay Rs 1 per lakh instead of Rs 250 per lakh when redeeming an exchange-traded fund (ETF) or mutual fund. With non-redemption of an ETF, they are only required to pay Rs 1 per lakh instead of Rs 100.

However, there was a big change from people trading stocks to trading commodities because it doesn’t cost anything. The Commodities Transaction Tax (CTT) can also be shown as a deduction on your taxes. You can prove that the money you make from trading commodities is income. The tax rate for commodities transactions is the same as the Securities Transaction Tax (STT) for stocks, which is 0.01% of the trade price.

Taxation of Commodities Trading

Trading commodities can generate a handsome income; each year, traders must file a tax return to recover their earnings. This information is provided on the 1099-B form. This article from RJO Futures explains how to file taxes for commodity trading.

What is product tax?

Profits derived from the exchange of tangible assets are subject to a specific tax. Those gains are subject to a commodities tax by the 60/40 tax rule:

How are gains from futures trading taxed?

In the United States, futures contracts must comply with a rule known as the 60/40 rule. This favorable tax treatment also applies to day traders and is comprised of two components:

• 60 percent of profits are taxed as long-term capital gains
• 40 percent of profits are taxed as short-term capital gains

It means that 60 percent of the gains are subject to the 15 percent long-term capital gains rate, while 40 percent are subject to the 35 percent short-term rate. Some critics believe the 60/40 rule is excessively arbitrary, especially compared to stocks taxed at a 35 percent rate on short-term capital gains. However, there has not been sufficient pressure to eliminate it for any action to do so.

How are losses in futures trading handled?

Under IRS regulations, a futures trader is considered an investor until they trade futures for a living. As an investor, losses are comparable to capital losses. The IRS also classifies specific individuals as traders if they meet certain conditions. They have the option of treating their losses as usual. The mixed straddle election is a tax treatment that both traders and investors can choose. It can both reduce the amount of taxes owed and simplify tax reporting.

The three most common ways to deal with losses are:

How are futures contracts reported on a tax return?

The IRS provides a specialized forum for reporting gains and losses from straddles and other financial contracts. Form 6781 reports profits and losses on Section 1256 Contract investments.

The Internal Revenue Code (IRC) defines a Section 1256 Contract as a regulated futures contract, a foreign currency contract, a non-equity option, a dealer equity option, or a dealer securities futures contract. The taxpayer’s contracts are treated as sold at fair market value at the end of the year. The losses or gains are accounted for as long-term or short-term capital gains. The IRC falls within the jurisdiction of the IRS.

Common Filing Errors Made by Traders

The United States tax code consists of almost 75,000 pages and more than 2,000 tax forms and publications, making it incredibly complicated. Mistakes are inevitable, particularly for those with limited exposure or comprehension. However, this does not mean a person cannot face the consequences of their errors. Listed below are the most prevalent and how to avoid them.

• Use Schedule C to report your profits and losses. Schedule D is the form the IRS says must be used to write all capital transactions.
• Failure to file because there weren’t enough trading or trading losses. A person must file a tax return regardless of whether or not they have trade earnings. It is false, and those who fail to file may be liable to IRS penalties, notifications, and interest.
• The traders appear unrepresented for an IRS audit. When a trader is summoned for an audit, they should never attempt to do so independently. When appearing before the IRS, representing himself is not to the individual’s best advantage.
• Self-employment taxes are paid on trading. The IRS does not consider trading money to be earned income. Only earned income is subject to self-employment tax. However, many traders wrongly believe their gains qualify as earned income because they trade through a partnership, corporation, or LLC.
• The tax treatment of securities, forex, 1256 contracts, and options is confusing. Futures contracts fall under Section 1256. They are taxed at 60 percent and 40 percent. Correctly reporting this information is crucial.
• They do not have a clear and effective tax strategy. With a sound and transparent tax strategy, traders can save money, lower their tax bills, and grow wealth more quickly.
• It is failing to claim trader tax status properly – or at all. The business expenditure deduction can save at least $5,000 for business traders. It permits them to claim deductions for home office starting expenses. And training

Contact RJO Futures for your entire trading need. Give us a call to speak with one of our helpful representatives or to discover what truly sets us different from other brokerages.

NOTE: This is not meant to be tax advice. If you have tax questions, see a pro.

Specific Requirements Apply to Commodity ETFs.

ETFs invest in or hold commodities such as gold, silver, aluminum, copper, heating oil, light crude, and natural gas. RBOB gasoline, corn, soybeans, sugar, wheat, and zinc. Many commodity ETFs acquire their commodity assets through futures contracts, while others hold the physical commodity. Commodity exchange-traded funds (ETFs) are taxed differently. The tax consequences for investors are influenced by the legal structure of commodity exchange-traded funds (ETFs) and the type of ETF (futures contracts or physical commodities).

Holding commodity ETFs

Depending on the structure of the ETF, you may be subject to annual income tax obligations even if you do not sell your shares. The investors of a commodity ETF constituted as a partnership and holding commodity futures contracts are subject to unique tax regulations. Investors must report the ETF’s capital gains yearly using a hybrid rate of 60% and 40% short-term gains. It is true regardless of the ETF’s actual distributions. ETFs may also generate interest income for investors. Rather than a Form 1099, futures-contracts ETFs give investors a Schedule K-1 to report their annual capital gains.

Commodity exchange-traded funds must be differentiated from commodity exchange-traded notes (ETNs). These can also follow commodity price movements. They are not subject to the 60/40 rule for tax purposes. Dividends and interest are typically not paid during the fiscal year. Instead, investors are taxed when they sell ETN shares.

ETFs holding the physical commodity do not disperse their gains to investors. Therefore there is no annual tax liability for investors. These ETFs may be formed legally similar to grantor trusts. The tax repercussions for investors only arise upon the selling of ETF shares.

Special rule for IRAs. While IRAs cannot often hold collectibles, they can have certain US gold, silver, and platinum coins and gold, silver, platinum, and palladium bullion. IRA owners who want a position in precious metals can invest in grantor investment trusts, which are classified as such. Privately, the IRS has determined that IRA owners will be recognized as receiving a taxable distribution only if they receive shares in ETFs containing the commodities. If you are still unsure whether your IRA can own an ETF, consult the tax portion of the fund’s web prospectus.

We are selling commodity ETF Holdings.

When you sell your ETF shares for a profit after holding them for more than a year, the capital gains tax rate is typically 0%, 15%, or 20%, depending on your taxable income and filing status. However, commodity ETFs may be regarded differently depending on the type of ETF involved.

• The gains of investors selling shares in futures-contracts ETFs have previously been disclosed; they were passed on to investors and collected annually. Typically, there is no additional gain or loss to declare when selling shares.
• Those in tax brackets at or above 28 percent may be taxed at a long-term capital gains rate of 28 percent on selling shares in commodity ETFs that hold real gold or silver. However, suppose these ETFs are grantor trusts. Investors who sell their shares receive regular income rather than a capital gain.
• In general, investors selling shares of commodity ETNs are subject to the standard capital gain and loss regulations. Except for currency ETNs, gains on their sale are taxed at ordinary income rates.

Note: In addition to income tax, there could be a specific 3.8% Medicare tax. It applies to high-income investors’ net investment income. It does not apply to IRA-held commodity ETFs.

Advice on Commodities, Gold, and Taxes

There are numerous vehicles through which commodities, including gold, can be owned, each with its tax regulations. Before adding a commodity investment to your portfolio, you should know the tax implications.

There are two primary commodity investment strategies. Options contracts are a third possible method, but they involve more short-term speculation. Therefore we will not discuss them here.

Buying the actual product outright, either directly or through a vehicle such as an exchange-traded fund, is one way to possess a commodity (ETF). Physical ownership is typical for gold, silver, and a few other precious metals but not for most other commodities.

Generally speaking, a commodity is a capital asset. When you sell an investment, your capital gain or loss is determined by the difference between your tax basis and the selling price of the investment. (often the purchase price plus any acquisition costs) and the sales price (usually the sale price minus any selling expenses).

A long-term gain or loss is realized when an asset is held for more than one year. A long-term gain is subject to a tax rate of

the maximum rate of twenty percent. An increase in short-term investment is taxed as ordinary income.

Capital losses are subtracted from capital gains for the year. An additional $3,000 in capital losses can be deducted against other income.

More than this amount, losses can be carried over to subsequent years. Annual capital gains and losses are totaled against each other to determine whether you have a net gain or loss for the year. And whether the profit or loss is short-term or long-term.

However, a specific rule applies to certain goods since they are collectibles.

Never qualify for the reduced long-term capital gains rate is a collectible. Any profit realized from the sale of a collectible held for more than a year is subject to a 28 percent tax.

The tax code categorizes precious metals as collectibles. Bullion (such as gold or silver bars), bullion coins, and rare coins are all collectibles subject to a tax rate of 28 percent. All long-term gains on collectibles are subject to a 28 percent tax rate.

The other primary option to invest in commodities is through futures contracts, which are subject to two tax exceptions.

Even if they weren’t, all futures contracts are handled as if they were sold on the last day of the tax year. This practice is called mark-to-market accounting. In addition, regardless of the actual holding duration, all mark-to-market profits and losses from futures contracts are classified as 60 percent long-term and 40 percent short-term.

These are the fundamental tax principles for investing in commodities.

There are numerous forms of ownership vehicles for commodities.

Trusts. Investing in precious metals through exchange-traded funds is likely the most frequent way to do so today (ETFs). Many investors are unaware that precious metals exchange-traded funds are legally structured as trusts. The IRS determined that ETFs are pretty comparable to direct ownership of metals. Hence ETF shares are collectibles for purposes of capital gains. The long-term gains on the sale of ETF shares are taxed at a rate of 28%.

 Pass-through funds. Most ETFs on commodities are structured as partnerships or other pass-through organizations. These are known as pass-through entities since the fund is exempt from taxation. The income and gains are directly transmitted to the owners, who record them on their tax forms.

Moreover, the majority of commodities ETFs invest via futures contracts. Futures contracts the ETF still owns at the end of the year are subject to mark-to-market accounting, so gains and losses are calculated annually for tax purposes. The 60-40 rule applies as well.

Being a pass-through corporation has three consequences for a commodities ETF. The shareholders, not the fund, are taxed annually on all gains and losses, including mark-to-market gains and losses. Therefore, shareholders are likely to report gains or losses even if they have not traded fund shares.

The second effect is that shareholders receive a K-1 tax form annually. It is equivalent to the 1099 form issued by a mutual fund or brokerage firm. However, the K-1 form is longer, and unfamiliar K-1s might be intimidating and puzzling. Each year, preparing your tax return will take longer, or your tax preparer will charge you more than for a return without K-1s.

The third effect of K-1s is that you may be forced to submit income tax returns in additional states. The fund must file K-1s in each state in which it conducts business or has an interest. Shareholders with considerable assets in the ETF may be required to file tax returns in multiple locations, including states they have never visited. It is less likely with a commodities futures ETF than a fund that invests in operating companies, such as a master limited partnership. However, you should consult the fund before making a purchase.

Non-pass-through funds. Due to the tax complications, numerous investors have learned to avoid commodities and master limited partnership investments. The financial services industry responded by providing investors with vehicles that are not required to issue K-1s and do not pass through gains and losses.

These vehicles often pay dividends and send the standard 1099 forms to investors.

There may be disadvantages associated with non-pass-through money.

Typically, these funds are formed as corporations. That is why income and profits are not distributed to shareholders, but it also means that the funds are subject to tax rates of up to 35% on their net gains. They can only pay dividends on the profits and earnings remaining after paying taxes and other expenditures.

Additionally, the dividends typically do not qualify with a maximum tax rate of 20%. Dividends are regular income and are taxed similarly to interest income.

Suppose the fund’s investments lose money in a given year. In that case, neither you nor the fund will likely be able to carry the loss forward to the following year to offset future gains and income.

Lastly, these organizations typically incur substantial expenses. You pay a high price to avoid the problems associated with pass-through funding.

Exchange-traded notes. A few exchange-traded letters (ETNs) sidestep many of the tax disadvantages and ambiguity of the other commodity investing options.

ETNs are purchased on stock exchanges precisely like stocks. You own an investment asset. Sale results in a gain or loss and a long-term income is taxed at 20 percent. In the interim, there are no taxes unless the ETN pays a payout. Distributions are subject to regular income taxation.

ETNs are also not considered commodities or precious metals investments. You are purchasing a note share.

The possible disadvantage of an ETN is that you only purchase shares of the issuer’s commitment to pay investors the return of a specified index with fewer fees. The ETN is liquid because you can buy or sell shares on the stock exchanges each day. However, the issuer’s financial strength impacts the ETN’s value. If the issuer fails, there is no value for the ETN.

Before the financial crisis, ETNs were gaining favor. But the financial crisis drove investors to be concerned about ETN defaults, and the products fell in favor. Since then, few ETNs have been produced.

Equities and mutual funds. Investing indirectly in commodities through commodity firms is one alternative to remain on familiar ground and avoid many of the tax difficulties we’ve covered.

For instance, you can purchase shares of gold mining firms or funds that primarily invest in these shares. Or you can invest in a group of resource business stocks or a fund, such as a resource fund.

Rowing Price New Era primarily invests in companies in the natural resource industry.

These stocks and funds typically do not offer the explosive returns of direct commodity ownership or futures. You are exposed to company-specific risks, such as excessive debt, ineffective management, and labor relations issues.

IRA investors. Gold and commodities investments can present investors with additional complications.

The primary difficulty is that investments in collectibles are disallowed in IRAs (both traditional and Roth IRAs). Whether they be bullion or coins, precious metals are collectibles.

There are exceptions with specific gold, silver, platinum, and palladium varieties. Specific legal tender bullion coins are permitted in IRAs. These teams include the American Eagles, the Canadian Maple Leafs, and others. In addition, precious metal bars and rounds produced by a NY-MEX or COMEX-approved refinery or a national government mint are exempt. These bars or rounds must also meet the IRS’s minimum fineness criteria. Although it is ultimately the IRA owner’s duty, most custodians who permit precious metals investments in IRAs will assure compliance with IRS regulations.

Other commodities investments, such as futures and various funds, are permitted in IRAs. Some businesses that issue K-1s and conduct operations may generate unrelated business taxable income (UBTI) that is taxable to the IRA.

You must consider more than a vehicle’s return history when selecting commodity investments. You must evaluate its structure and specific tax factors. Reading the section of the fund’s prospectus headed “Federal Income Tax Consequences” or “United States Federal Income Tax Consequences” is the wisest course of action.

Conclusion

The commodity transaction tax has increased the cost of trading for traders. This tax adds to the costs traders already have to pay, like brokerage charges, transaction fees, and deposit margins.

Frequently Asked Questions About Taxes on Commodities