DislikedIf you are trading Forex Futures, you do not have to list all of your trades, if you are trading 988 trades and opting out,yes you do have to turn in a log showing that you did opt out of each trade converting them to 1256 contracts. Your broker is required to give you some type of documentation for the IRS. It used to be that they were not, but now they are. 03/08/07 www.tradersaccounting.com Jim CrimminsIgnored
Just to clarify for those reading along:
I use another CPA for my own taxes (http://www.traderstatus.com/ ). According to my CPA, the spot forex market by default falls under 988 rules, not 1256. Furthermore, a trader can elect 1256 taxation, but must mark all such trades in advance of placing them (and have some sort of indication to show this). The important point here for readers is that they must explicitly flag trading transactions according to which rule they want. This will help avoid IRS audits.
I also highly recommend that US traders trading more than about 10k make use of a professional CPA (Jim or otherwise). Without detailed record keeping (and compliance), it is easy to get audited, because IRS officials know next to nothing about daytrader circumstances. It is possible for you to report your activity completely correct, and agents may still believe you are in error.