Taxes: Options and Constructive Sale
When the long call (a LEAP) is already in profits, if a short call (again a LEAP) is sold against a long call, would it be Constructive Sale?
Let's take these hypothetical trades
- On 08/15/2020: Bought TSLA Sep-2022 350C at $120 (Long call)
- On 08/31/2020: Sold Jan-2022 360C at $210 (Short Call). By this date, 08/31/2020, before my short call sale, my long call was $215 in value. In other words, I had unrealized gains of $95 on my long call.
Through Dec-31-2020 I continue to hold both the positions.
- Do I have to pay taxes in my 2020 filing seeing this as constructive sale?
- If yes, what if the expiry dates are different rather than being the same?
- Again, if yes, would a significant difference between the strikes of long and short calls make it to be a not constructive sale?
Why I opened a spread like this?
- As the share price kept moving up, I kept cashing out by writing vertical spread, and used the cash to buy another call at strike close to the latest share price.
- I did this multiple times as the share price saw a significant ride up. The reason I did this was to move the cash to options that were giving me better leverage (x% move in option price for each 1% move in the stock price), keeping taxes LTCG while at it. Selling/Closing the original call above would lead to STCG.
Constructive Sale aspects
- I thought Downside protection and upside limitation influence whether this would be considered a constructive sale.
- I am avoiding the downside risk through the short call.
- On the upside, technically I am not giving up the upside.
- At expiry TSLA might close above $360+$120=$480. And my final gain is $95+$10. Does this yet to be determined final profit make it appropriate to be reported in 2021 taxes, rather than 2020 taxes?