This document is an IRS Form 6781 for reporting gains and losses from section 1256 contracts and straddle positions. It contains instructions for summarizing results from section 1256 contracts that are subject to mark-to-market rules, and for reporting gains and losses from straddle positions. The form has sections to make elections for mixed straddles, straddle-by-straddle identification, and carrying back net section 1256 contracts losses to prior tax years.

1. 6781
OMB No. 1545-0644
Gains and Losses From Section 1256
Form
2008
Contracts and Straddles
Attachment
Attach to your tax return.
Department of the Treasury
82
Sequence No.
Internal Revenue Service
Identifying number
Name(s) shown on tax return
Check all applicable boxes (see instructions). A C
Mixed straddle election Mixed straddle account election
B D
Straddle-by-straddle identification election Net section 1256 contracts loss election
Part I Section 1256 Contracts Marked to Market
(a) Identification of account (b) (Loss) (c) Gain
1
( )
2
2 Add the amounts on line 1 in columns (b) and (c)
3
3 Net gain or (loss). Combine line 2, columns (b) and (c)
4
4 Form 1099-B adjustments. See instructions and attach schedule
5
5 Combine lines 3 and 4
Note: If line 5 shows a net gain, skip line 6 and enter the gain on line 7. Partnerships and S corporations, see
instructions.
6 If you have a net section 1256 contracts loss and checked box D above, enter the amount of loss to be
6
carried back. Enter the loss as a positive number
7
7 Combine lines 5 and 6
8 Short-term capital gain or (loss). Multiply line 7 by 40% (.40). Enter here and include on the appropriate
8
line of Schedule D (see instructions)
9 Long-term capital gain or (loss). Multiply line 7 by 60% (.60). Enter here and include on the appropriate
line of Schedule D (see instructions) 9
Gains and Losses From Straddles. Attach a separate schedule listing each straddle and its components.
Part II
Section A—Losses From Straddles
(f) Loss. (h) Recognized loss.
(e) Cost or (g)
If column (e) If column (f) is more
(b) Date
(c) Date other basis Unrecognized
is more than than (g), enter
entered (d) Gross
(a) Description of property closed out plus (d), enter gain on difference.
into or sales price difference.
or sold expense of offsetting Otherwise, enter -0-
acquired Otherwise,
sale positions
enter -0-
10
11a Enter the short-term portion of losses from line 10, column (h), here and include on the appropriate line of
11a ( )
Schedule D (see instructions)
b Enter the long-term portion of losses from line 10, column (h), here and include on the appropriate line of
11b ( )
Schedule D (see instructions)
Section B—Gains From Straddles
(b) Date (f) Gain. If column
(c) Date (e) Cost or other
entered (d) Gross (d) is more than (e),
(a) Description of property closed out basis plus
into or sales price enter difference.
or sold expense of sale
acquired Otherwise, enter -0-
12
13a Enter the short-term portion of gains from line 12, column (f), here and include on the appropriate line of
Schedule D (see instructions) 13a
b Enter the long-term portion of gains from line 12, column (f), here and include on the appropriate line of
Schedule D (see instructions) 13b
Unrecognized Gains From Positions Held on Last Day of Tax Year. Memo Entry Only (see instructions)
Part III
(e) Unrecognized gain.
(b) Date (c) Fair market value on last (d) Cost or other basis If column (c) is more
(a) Description of property
than (d), enter difference.
acquired business day of tax year as adjusted
Otherwise, enter -0-
14
6781
For Paperwork Reduction Act Notice, see page 4. Cat. No. 13715G Form (2008)

2. 2
Form 6781 (2008) Page
the due date (without extensions) of your
Offsetting Positions
General Instructions 2008 tax return. To make this election,
If there is a substantial decrease in risk
Section references are to the Internal check box C and attach to your return
of loss to a taxpayer holding a position
Revenue Code unless otherwise noted. (or your request for an extension of time
because that taxpayer or a related party to file) the statement required by the
Purpose of Form also holds one or more other positions, regulations. Report the annual account
then those positions are offsetting and net gain or loss from a mixed straddle
Use Form 6781 to report:
may be part of a straddle. However, if an account in Part II and identify the
● Any gain or loss on section 1256 identified straddle is properly election. See Temporary Regulations
contracts under the mark-to-market established, other positions held by the section 1.1092(b)-4T(c)(4) for limits on
rules, and taxpayer will not be treated as offsetting the total annual account net gain or loss.
● Gains and losses under section 1092 with respect to any position which is
Note. If you did not make any of the
part of the identified straddle.
from straddle positions.
above elections and you have a loss on
For details on section 1256 contracts
Box A. Mixed Straddle the section 1256 component, use Part II
and straddles, see Pub. 550, Investment
to reduce the loss by any unrecognized
Election
Income and Expenses.
gain on the non-section 1256
Under section 1256(d), you can elect to component before making an entry in
Section 1256 Contract have the mark-to-market rules not apply Part I. You also must reduce the loss
to section 1256 contracts that are part
A section 1256 contract is any: from any section 1256 component of a
of a mixed straddle. A mixed straddle is
● straddle that would be a mixed straddle
Regulated futures contract,
any straddle in which at least one but if the positions had been properly
● Foreign currency contract, not all of the positions is a section 1256 identified as such.
● contract. On the day the first section
Nonequity option,
1256 contract forming part of the Box D. Net Section 1256
● Dealer equity option, or
straddle is acquired, each position
Contracts Loss Election
● Dealer securities futures contract. forming part of the straddle must be
If you have a net section 1256 contracts
clearly identified as being part of such
For definitions of these terms and
loss for 2008, you can elect to carry it
straddle. If you make this election, it will
more details, see section 1256(g) and
back 3 years. Corporations, partnerships,
apply for all later years and cannot be
Pub. 550.
estates, and trusts are not eligible to
revoked without IRS consent. If you are
Special rules apply to certain foreign
make this election. Your net section 1256
making or have previously made this
currency contracts. See section 988 and
contracts loss is the smaller of:
election, check box A and report the
Regulations sections 1.988-1(a)(7) and
section 1256 component in Part II ● The excess of your losses from
1.988-3. If an election is made under
instead of Part I. section 1256 contracts over the total of
section 988(a)(1)(B) or 988(c)(1)(D), attach
(a) your gains from section 1256
to your return a list of the contracts
Box B. Straddle-By-Straddle contracts plus (b) $3,000 ($1,500 if
covered by the election(s). On the
Identification Election married filing separately), or
attachment, show the net gain or loss
reported from those contracts and ● The total you would figure as your
Make this election for mixed straddles
identify where the gain or loss is according to Temporary Regulations short-term and long-term capital loss
reported on the return. If an election is section 1.1092(b)-3T(d) by clearly carryovers to 2009 if line 6 of Form 6781
made under section 988(a)(1)(B), report identifying each position by the earlier of were zero. Use a separate Schedule D
on Form 6781 the gains and losses from (a) the close of the day the identified (Form 1040) and Capital Loss Carryover
section 1256 contracts that are also mixed straddle is established or (b) the Worksheet (in Pub. 550) to figure this
section 988 transactions. time the position is disposed of. No amount.
straddle-by-straddle identification
Options and commodities dealers The amount you can carry back to any
election may be made for any straddle
must take any gain or loss from the prior year is limited to the smaller of:
for which a mixed straddle election was
trading of section 1256 contracts into
● The gain, if any, that you would report
made or if one or more positions are
account in figuring net earnings subject
on line 16 of Schedule D for that
includible in a mixed straddle account. If
to self-employment tax. See section
carryback year if only gains and losses
you are making or have previously made
1402(i).
from section 1256 contracts were taken
this election, check box B.
into account, or
Mark-To-Market Rules If the net gain or loss is attributable to
● The gain, if any, reported on line 16 of
a net non-section 1256 position, then
Under these rules, each section 1256
Schedule D for that carryback year.
the net gain or loss is treated as a
contract held at year end is treated as if
short-term capital gain or loss. Enter it
it were sold at fair market value (FMV) The amounts just described are
directly on Schedule D and identify the
on the last business day of the tax year. figured prior to any carryback from the
election. If the net gain or loss is
The wash sale rules do not apply. loss year. Also, the carryback is allowed
attributable to a section 1256 position, only to the extent it does not increase or
Gains or losses on section 1256
enter the gain or loss in Part I of produce a net operating loss for the
contracts open at the end of the year, or
Form 6781 and identify the election. carryback year. The loss is carried to the
terminated during the year, are treated
earliest year first.
as 60% long term and 40% short term, Box C. Mixed Straddle
regardless of how long the contracts Make the election by checking box D
Account Election
were held. and entering the amount to be carried
Make this election according to back on line 6. To carry your loss back,
Straddle Temporary Regulations section file Form 1045, Application for Tentative
1.1092(b)-4T(f) to establish one or more
A straddle means offsetting positions Refund, or an amended return. Attach an
mixed straddle accounts for 2009, by
with respect to personal property of a amended Form 6781 and an amended
type that is actively traded. Schedule D for the applicable years.

3. 3
Form 6781 (2008) Page
● A loss position included in an
● The regulated futures part of a
On the amended Forms 6781 for the
identified straddle established before
years to which the loss is carried back, hedging transaction. The gain or loss on
October 22, 2004, unless you disposed
report the carryback on line 1 of that a hedging transaction is treated as
of all of the positions making up the
year’s amended Form 6781. Enter “Net ordinary income or loss. See Pub. 550
straddle.
section 1256 contracts loss carried back for details.
from” and the tax year in column (a), and ● A loss position included in an
Line 5
enter the amount of the loss carried identified straddle established after
Partnerships enter the amount from line 5
back in column (b). October 21, 2004.
on Form 1065, Schedule K, line 11.
● A position that is part of a straddle if
Electing large partnerships enter the
Specific Instructions all of the positions of the straddle are
amount from line 5 on Form 1065-B, Part
section 1256 contracts.
II, line 5. S corporations enter the amount
Part I from line 5 on Form 1120S, Schedule K,
Column (a)
line 10. Lines 6 through 9 in Part I of
Line 1
Form 6781 do not apply to partnerships Enter the property and delivery date,
Include on line 1 all gains and losses
or S corporations and are left blank. and indicate whether the property is a
from section 1256 contracts open at the
long or short position.
Line 6
end of your tax year or closed out during
the year. If you received a Form 1099-B, See the instructions for Box D. Column (d)
Proceeds From Broker and Barter
Line 8
Exchange Transactions, or equivalent For positions closed out or sold, enter
statement, include on line 1 the amount the closing price or sales price.
Include this amount on Schedule D
from box 11 of each form. In column (a), (Form 1040), line 4; or on Schedule D
Column (e)
write “Form 1099-B” and the broker’s (Form 1041), line 2; or as a short-term
name. List separately each transaction For positions closed out or sold, enter
capital gain or (loss) on the Schedule D
for which you did not receive a Form the cost or other basis plus
for your return and enter “Form 6781,
1099-B or equivalent statement, or commissions paid. Include
Part I” in column (a) of that Schedule D.
received a Form 1099-B that is not for nondeductible interest and carrying
Line 9
your tax year. charges allocable to personal property
that is part of a straddle. If any part of
If you are completing an amended Include this amount on Schedule D
an unallowed loss from an offsetting
2008 Form 6781 to carry back a net (Form 1040), line 11; or on Schedule D
position established in an identified
section 1256 contracts loss from 2009 or (Form 1041), line 7; or as a long-term
straddle after October 21, 2004,
a later year, report the carryback on line capital gain or (loss) on the Schedule D
increased your basis in the position, also
1. Enter “Net section 1256 contracts loss for your return and enter “Form 6781,
include that amount. See Pub. 550 for
carried back from” and the tax year in Part I” in column (a) of that Schedule D.
details.
column (a), and enter the amount of the
Part II
loss carried back to 2008 in column (b). Line 10, Column (f)
See the instructions for Box D for Use Section A for losses from positions Include in this column any loss not
details. that are part of a straddle. Generally, a allowed in the prior year to the extent of
loss is allowed to the extent it exceeds the unrecognized gain.
Line 4 the unrecognized gain on offsetting
If the Form 1099-B you received positions. The part of the loss not Line 10, Column (g)
includes a straddle or hedging allowed is treated as if incurred in the Enter the unrecognized gain on positions
transaction (as defined in section following year and is allowed to the offsetting those in columns (a) through
1256(e)(2)), you may need to make same extent. However, a loss from a (f). Figure the amount to enter in this
certain adjustments listed below. Attach position established in an identified column by subtracting the cost or other
a schedule listing each of these straddle after October 21, 2004, is not basis of the offsetting position from the
adjustments and enter the total(s) on allowed. Instead, the basis of each settlement price of that position as of
line 4. offsetting position in the identified the close of the last business day of
● The regulated futures part of a mixed straddle that has unrecognized gain is your 2008 tax year.
increased by the amount of the
straddle, if you made any of the mixed
Lines 11 and 13
unallowed loss multiplied by the
straddle elections.
following fraction:
● The amount of the loss, if you did not Separate recognized gains and losses
into short-term and long-term. Attach a
make any of the mixed straddle The unrecognized gain (if any) on the
separate schedule. For information about
offsetting position
elections or the straddle was not
holding periods for straddle positions,
identified as a mixed straddle and you
see Pub. 550 and Temporary
The total unrecognized gain on all positions
had a loss on the regulated futures part
that offset the loss position in the identified Regulations section 1.1092(b)-2T. Attach
that was less than the unrecognized gain
straddle. separate schedules for (a) section 988
on the nonregulated futures part. If the
contracts that are part of a mixed
unrecognized gain is less than the loss, For more details, see Pub. 550,
straddle and (b) any gain on the
enter the unrecognized gain. Use Part I chapter 4.
disposition or other termination of any
for a loss on the disposition of one or
Use Section B for gains from positions position held as part of a conversion
more positions that are part of a mixed
that are part of a straddle. transaction (as defined in section
straddle and that are non-section 1256
1258(c)). Identify the net gain or loss and
Do not include in Part II a disposition
positions if no disposition of a
report it on Form 4797, line 10.
of any of the following.
non-section 1256 position in the straddle
would be a long-term capital gain or ● A position that is part of a hedging
loss, and the disposition of one or more transaction.
section 1256 positions in the straddle
would be a capital gain or loss.

4. 4
Form 6781 (2008) Page
Line 11a If any of the gain or loss you reported Paperwork Reduction Act Notice. We
in Part II is a collectibles gain or (loss) ask for the information on this form to
Include this amount on Schedule D
and you are filing Form 1040 or Form carry out the Internal Revenue laws of
(Form 1040), line 4; or on Schedule D
1041, follow the instructions below for the United States. You are required to
(Form 1041), line 2; or as a short-term
the form you file. give us the information. We need it to
capital loss on the Schedule D for your
ensure that you are complying with
return and enter “Form 6781, Part II” in Form 1040. If you checked “Yes” on
these laws and to allow us to figure and
column (a) of that Schedule D. line 17 of Schedule D (Form 1040),
collect the right amount of tax.
include the collectibles gain or (loss)
Line 11b
You are not required to provide the
from Part II on line 3 of the 28% Rate
Include this amount on Schedule D information requested on a form that is
Gain Worksheet in the Instructions for
(Form 1040), line 11; or on Schedule D subject to the Paperwork Reduction Act
Schedule D (Form 1040).
(Form 1041), line 7; or as a long-term unless the form displays a valid OMB
Form 1041. If you must complete the
capital loss on the Schedule D for your control number. Books or records
28% Rate Gain Worksheet in the
return and enter “Form 6781, Part II” in relating to a form or its instructions must
Instructions for Form 1041 and
column (a) of that Schedule D. be retained as long as their contents
Schedules A, B, D, G, I, J, and K-1,
may become material in the
Line 13a include the collectibles gain or (loss)
administration of any Internal Revenue
from Part II on line 3 of that worksheet.
Include this amount on Schedule D
law. Generally, tax returns and return
(Form 1040), line 4; or on Schedule D
information are confidential, as required
Part III
(Form 1041), line 2; or as a short-term
by section 6103.
capital gain on the Schedule D for your
The time needed to complete and file
Complete Part III by listing each position
return and enter “Form 6781, Part II” in
this form will vary depending on
(whether or not part of a straddle) that
column (a) of that Schedule D.
individual circumstances. The estimated
you held at the end of the tax year
Line 13b burden for individual taxpayers filing this
(including any position you are treated
form is approved under OMB control
as holding because it is held by a
Include this amount on Schedule D
number 1545-0074 and is included in
related party) if the FMV of the position
(Form 1040), line 11; or on Schedule D
the estimates shown in the instructions
at such time exceeds your cost or other
(Form 1041), line 7; or as a long-term
for their individual income tax return. The
basis as adjusted.
capital gain on the Schedule D for your
estimated burden for all other taxpayers
return and enter “Form 6781, Part II” in Do not include positions that are part
who file this form is shown below.
column (a) of that Schedule D. of an identified straddle or hedging
Recordkeeping 10 hr., 31 min.
transaction, property that is stock in
Collectibles gain or (loss). A
trade or inventory, or property subject to
collectibles gain or (loss) is any Learning about the
depreciation used in a trade or business.
long-term gain or deductible long-term law or the form 1 hr., 57 min.
loss from the sale or exchange of a Do not complete Part III if you do not Preparing the form 3 hr., 9 min.
collectible that is a capital asset. have a recognized loss on any position
Copying, assembling,
Collectibles include works of art, rugs, (including regulated futures contracts).
and sending the form
antiques, metals (such as gold, silver,
to the IRS 16 min.
and platinum bullion), gems, stamps,
coins, alcoholic beverages, and certain If you have comments concerning the
other tangible property. accuracy of these time estimates or
suggestions for making this form
simpler, we would be happy to hear
from you. See the instructions for the tax
return with which this form is filed.