Treasury Regulations (26 C.F.R.)
26 CFR § 1.1092(c)-3
Qualifying over-the-counter options.
# (a) In general.
Under section 1092(c)(4)(B)(i), an equity option is not a qualified covered call option unless it is traded on a national securities exchange that is registered with the Securities and Exchange Commission or other market that the Secretary determines has rules adequate to carry out the purposes of section 1092(c)(4). In accordance with section 1092(c)(4)(H), this requirement is modified as provided in paragraph (b) of this section.
# (b) Qualified covered call option status.
A qualifying over-the-counter option, as defined in § 1.1092(c)-4(c), is a qualified covered call option if it meets the requirements of §§ 1.1092(c)-1 and 1.1092(c)-2(c) after using the language “qualifying over-the-counter option” in place of “equity option with flexible terms”. For purposes of this paragraph (b), a qualifying over-the-counter option is deemed to satisfy the requirements of section 1092(c)(4)(B)(i).
# (c) Effective date.
This section applies to qualifying over-the-counter options entered into on or after July 29, 2002.
[67 FR 20900, Apr. 29, 2002]
Source: view the official text
In this part (40 sections)
- 1.1081-9 · Requirements with respect to order of Securities and…
- 1.1081-10 · Nonapplication of other provisions of the Internal Revenue…
- 1.1081-11 · Records to be kept and information to be filed with returns.
- 1.1082-1 · Basis for determining gain or loss.
- 1.1082-2 · Basis of property acquired upon exchanges under section 1081…
- 1.1082-3 · Reduction of basis of property by reason of gain not…
- 1.1082-4 · Basis of property acquired by corporation under section…
- 1.1082-5 · Basis of property acquired by shareholder upon tax-free…
- 1.1082-6 · Basis of property acquired under section 1081(d) in…
- 1.1083-1 · Definitions.
- 1.1091-1 · Losses from wash sales of stock or securities.
- 1.1091-2 · Basis of stock or securities acquired in “wash sales”.
- 1.1092(b)-1T · Coordination of loss deferral rules and wash sale rules…
- 1.1092(b)-2T · Treatment of holding periods and losses with respect to…
- 1.1092(b)-3T · Mixed straddles; straddle-by-straddle identification…
- 1.1092(b)-4T · Mixed straddles; mixed straddle account (temporary).
- 1.1092(b)-5T · Definitions (temporary).
- 1.1092(b)-6 · Mixed straddles; accrued gain and loss associated with a…
- 1.1092(c)-1 · Qualified covered calls.
- 1.1092(c)-2 · Equity options with flexible terms.
- 1.1092(c)-3 · Qualifying over-the-counter options.
- 1.1092(c)-4 · Definitions.
- 1.1092(d)-1 · Definitions and special rules.
- 1.1092(d)-2 · Personal property.
- 1.1201-1 · Alternative tax.
- 1.1202-0 · Table of contents.
- 1.1202-1 · Deduction for capital gains.
- 1.1202-2 · Qualified small business stock; effect of redemptions.
- 1.1211-1 · Limitation on capital losses.
- 1.1212-1 · Capital loss carryovers and carrybacks.
- 1.1221-1 · Meaning of terms.
- 1.1221-2 · Hedging transactions.
- 1.1221-3 · Time and manner for electing capital asset treatment for…
- 1.1222-1 · Other terms relating to capital gains and losses.
- 1.1223-1 · Determination of period for which capital assets are held.
- 1.1223-3 · Rules relating to the holding periods of partnership…
- 1.1231-1 · Gains and losses from the sale or exchange of certain…
- 1.1231-2 · Livestock held for draft, breeding, dairy, or sporting…
- 1.1232-1 · Bonds and other evidences of indebtedness; scope of section.
- 1.1232-2 · [Reserved]