This paper aims to suggest taxation of swap contracts qualifying financial derivatives. Tax payers must recognize as income the ratable daily portion of periodic payment for the taxable year to which that portion applies. However, the gain of loss ...
This paper aims to suggest taxation of swap contracts qualifying financial derivatives. Tax payers must recognize as income the ratable daily portion of periodic payment for the taxable year to which that portion applies. However, the gain of loss from measuring derivatives at year-end is taxable for exchange-traded swap contracts. Otherwise, it is taxable only when one of the parties to the contracts is a financial institution that uses reliable valuation models for derivative instruments. To the extent that hedge accounting is accepted, fair value measurement of hedged items should also be allowed. And the gain or loss on a derivative contract must be recognized as taxable income in the same period during which the change in value of the item being hedged effects taxable income. To minimize the likelihood that the gain on appreciated financial position together with swap contracts is realized without paying or deferring taxes, this paper suggest treating the appreciated financial position as constructive sales-as if the swap instruments of concern are sold at fair value.