The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly classified XRP as a digital commodity, which brings significant tax implications, primarily reflected in the 60/40 rule applicable to regulated futures contracts, where 60% of profits are taxed as long-term capital gains and 40% as short-term capital gains. However, according to current IRS guidelines, spot XRP holdings are still taxed as property. Structured products have different tax treatment: ETFs holding commodity futures are subject to the 60/40 rule, while ETFs holding physical assets may be taxed at collectibles rates, and ETNs are treated as debt instruments. The IRS has not yet issued formal guidance on how to apply the commodity framework to spot XRP holdings and derivatives.

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