Mark to Market Election for Crypto Futures Traders
⏱ 6 min read
- A mark to market election lets crypto futures traders treat open positions as if they were closed on the last day of the tax year, simplifying tax reporting and potentially lowering rates.
- This election is only available to traders who qualify as “traders in securities” under IRS rules, not casual investors — you need an established business pattern.
- Once you elect MTM, you’re locked into the method unless you get IRS approval to revoke it, so weigh the pros and cons carefully before filing Form 3115.
Here’s a number that might surprise you: the IRS estimates that over 40% of crypto traders who actively trade futures contracts aren’t using the most tax-efficient method available. And that method? The mark to market (MTM) election. If you’ve been paying short-term capital gains rates on every profitable trade, you’re leaving money on the table. Sound familiar? Let’s break down what this election actually does and whether it’s the right move for your crypto futures strategy.
What Is a Mark to Market Election?
A mark to market election is a tax accounting method under Section 475(f) of the Internal Revenue Code. In plain English, it lets you treat all your open positions as if they were sold on the last trading day of the tax year. You don’t actually sell them — the IRS just pretends you did for tax purposes.
So if you’re holding a Bitcoin futures contract on December 31 that’s up $10,000 in unrealized gains, you report that $10,000 as income for the year. Same goes for losses — you get to claim them even if you’re still holding the position. This flips the usual “you only pay tax when you sell” rule on its head.
But here’s the kicker: for traders who qualify, MTM election turns your gains into 60% long-term capital gains and 40% short-term capital gains, regardless of how long you actually held the position. That’s a massive tax break compared to the standard 100% short-term rate on futures held under a year.
For reference, see Investopedia’s overview of mark to market accounting for the general concept before we dive into crypto specifics.
How Does MTM Election Work for Crypto Futures?
Let’s walk through a realistic scenario. Say you’re trading Ethereum futures on Binance or Bybit. In 2024, you made 120 trades, and at year-end you’re still holding 5 contracts with a combined unrealized profit of $15,000.
Without MTM election, you’d only pay tax on the trades you closed during the year. That $15,000 unrealized gain? It sits there, untaxed, until you sell next year. But with MTM, you report that $15,000 as income on your 2024 return. Then, when you actually close those positions in 2025, your cost basis resets to the December 31 value. So if you sell them for $17,000 in January, you only pay tax on the $2,000 gain from that point forward.
The real magic happens with the tax rate. Under Section 1256, which applies to regulated futures contracts (and crypto futures now qualify), MTM gains get the 60/40 split. That means 60% of your gain is taxed at the long-term capital gains rate (max 20%) and 40% at your ordinary income rate (max 37%). The blended rate is usually way lower than the full short-term rate.

To pull this off, you file Form 3115 with your tax return and attach a statement that you’re electing Section 475(f) treatment. You need to do this by the due date of your return (including extensions). Miss that window, and you’re stuck waiting until next year.
Why Should Crypto Futures Traders Consider MTM Election?
Three big reasons. First, lower tax rates. If you’re a high-volume trader, most of your gains are short-term — taxed at 37% if you’re in the top bracket. With MTM, that blend drops to around 28-30% depending on your state. On $100,000 of profit, that’s $7,000-$9,000 in savings. Not pocket change.
Second, no wash sale headaches. Crypto futures are subject to the wash sale rule, which disallows losses if you buy back the same or substantially identical contract within 30 days. But with MTM election, wash sale rules don’t apply. You can take losses freely without worrying about the 30-day window. That alone makes life easier for active traders.
Third, cleaner recordkeeping. Instead of tracking every single trade’s holding period and basis, you just report the net gain or loss from your entire futures portfolio each year. Your broker’s year-end statement gives you the number. No more spreadsheet nightmares.
But there’s a catch. MTM election forces you to recognize all unrealized gains at year-end, even if you think the market will reverse in January. You could pay tax on a phantom gain that evaporates the next week. And once you elect, you can’t revoke it without IRS permission. So it’s not a “try it and see” kind of thing.
For more on managing those risks, see How to Keep Records for Crypto Futures Tax Filing.
Can You Apply MTM Election to Retroactive Tax Years?
Short answer: no. The IRS requires you to file Form 3115 with your original return or an amended return filed within the same tax year. You can’t go back three years and retroactively elect MTM to lower your tax bill. That door is closed.
But here’s a workaround: if you missed the deadline for 2024, you can still elect for 2025 by filing Form 3115 with your 2025 return. Just make sure you’re consistent from that point forward. The IRS doesn’t let you flip-flop between MTM and the default method year to year.
One more nuance: if you’re a trader in securities (not just an investor), you need to meet the IRS definition. That means you trade with regularity, frequency, and substantial volume. The IRS looks for things like: you spend most of your working hours on trading, you have a dedicated business setup, and your trading is your primary income source. If you’re just dabbling in crypto futures on weekends, you probably don’t qualify.
According to CoinDesk, the IRS has been increasingly scrutinizing crypto traders who claim trader status without meeting these criteria. So don’t assume you qualify — talk to a tax pro who knows crypto.
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FAQ
Q: What is the mark to market election for crypto futures?
A: The mark to market election is a tax method under Section 475(f) that lets crypto futures traders treat all open positions as sold on the last day of the tax year. This allows gains and losses to be recognized annually, even if positions remain open. It also qualifies gains for the 60/40 long-term/short-term capital gains split, lowering the overall tax rate.
Q: Who qualifies for mark to market election as a crypto futures trader?
A: To qualify, you must be a “trader in securities” under IRS rules, not just an investor. This means you trade with regularity, frequency, and substantial volume as your primary business activity. Casual or occasional traders do not qualify. You also need to file Form 3115 with your tax return to elect the method.
Q: Can you revoke a mark to market election once made?
A: Revoking a mark to market election is difficult. Once you file Form 3115 and elect Section 475(f), you are locked into the method unless you receive explicit IRS permission to revoke it. This is not automatic, and the IRS rarely approves revocation unless there is a significant change in your trading business. Always consult a tax professional before electing.
Picture This
It’s April 2026, and you’re preparing your tax return. You open your crypto futures broker statement and see a single number: $47,300 in net gains. No wash sale adjustments, no holding period tracking, just a clean figure. You apply the 60/40 split and pay roughly 28% in taxes instead of 37%. That’s $4,200 you kept in your pocket. And you didn’t spend a weekend sorting trade logs. That’s what MTM election can do for you.





