Modernization of Derivatives Tax Act of 2026

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 4331 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 4331 To amend the Internal Revenue Code of 1986 to modernize the tax treatment of derivatives and their underlying investments, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 16 (legislative day, April 14), 2026 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to modernize the tax treatment of derivatives and their underlying investments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Modernization of Derivatives Tax Act of 2026''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODERNIZATION OF TAX TREATMENT OF CERTAIN DERIVATIVES. (a) In General.--Subchapter E of chapter 1 is amended by adding at the end the following new part: ``PART IV--TAX TREATMENT OF DERIVATIVES AND SIMILAR CONTRACTS ``subpart a. derivatives ``subpart b. similar contracts ``Subpart A--Derivatives ``Sec. 491. Rules for treatment of derivatives. ``Sec. 492. Investment hedging units. ``Sec. 493. Derivative defined. ``SEC. 491. RULES FOR TREATMENT OF DERIVATIVES. ``(a) In General.--For purposes of this title, if there is a taxable event with respect to a derivative or an underlying investment-- ``(1) notwithstanding any other provision of this title, except