DemocratBill · S. 4331· Senate(119-S-4331)

Modernization of Derivatives Tax Act of 2026

Rep. Wyden
Age: 77 years
Oregon
Introduced
4/16/2026
Last activity
4/16/2026 — Read twice and referred to the Committee on Finance.
Sponsored by
Ron Wyden
Cosponsors
None
Taxation
  1. Introduced
  2. In Committee

What this bill would do

This bill, titled the "Modernization of Derivatives Tax Act of 2026," aims to update the tax treatment of derivatives and their underlying investments within the Internal Revenue Code of 1986. It introduces new rules for how gains and losses from derivatives are recognized and categorized, specifically treating them as ordinary income or loss. The legislation establishes the concept of "investment hedging units" to manage how these tax events are recorded. It also provides specific election options for certain taxpayers, such as real estate investment trusts. Additionally, the bill coordinates these new rules with existing tax laws regarding straddles and dealers.

Yes

  • Does this raise the taxes companies pay?+5

    The bill reclassifies gains from derivatives as ordinary income rather than capital gains, which may increase the tax burden on corporations.

  • Does this raise taxes on the highest earners?+4

    Treating derivative gains as ordinary income instead of capital gains generally increases the tax rate paid by high-earning investors.

  • Does this make what the government does easier for the public to see?+1

    The bill establishes new, specific requirements for the identification and reporting of derivative holdings.

The opposite

  • Would high-income households be better off under this?-5

    High-income investors may face higher tax rates due to the shift from capital gains to ordinary income treatment.

  • Would business owners be better off under this?-3

    The bill imposes strict identification timelines and irrevocable election rules on taxpayers.

  • Is this likely to grow the economy?-2

    The reclassification of derivative gains to ordinary income may create tax complexities that affect investment behavior.