Futures Trading Taxes

Hello I really need some help on this matter. I traded Futures for the first time last year 2010 and I am confused on how about to go reporting my Capital Gains and Losses. First thing I was told by the CRA that is if I have a Capital Gain followed by a capital loss, if the loss is within 30 days of the first trade and is the same contract type, it is considered identical property and a superficial loss. So it cannot be reported against a capital gain however I can add the loss to the purchase price of the substituted property. Well in this case, is the first trade now considered the substitute property since it is 30 days before/after the loss? here is an example.

February 4 Investment #1 - buy 1 MAR 10 CL contract for $90.00 a barrel and sell at $90.10 a barrel. Capital Gain of $100 - 5 fee, total capital gain is $95

February 5 Investment #2 - buy 1 MAR 10 CL contract for $91.25 a barrel and sell at $91.10 a barrel. Capital Loss of $150 + $5 fee, total capital loss is $155

So now the CRA tells me I cant report that as a capital loss and deduct it from my capital gains because I purchased the same contract type 30 days before or after the loss. So the rules on the CRA website says to add the amount of the superficial loss to the adjusted cost base of the substituted property. So is it correct now to add the loss to the first trade on February 4? Does this count as the substituted property? here is the link to their website discussing it.

I really need advice if there are any Canadian traders, or even American Traders who may know the correct way to do this? I had 1 rep tell me that a substituted property would only be 30 days after the loss, but then why does the superficial rule on that website say 30 days before/after the sale of the loss.

Any advice would really be appreciated.

Futures gains and losses are not reported like stocks. You have to file a form 6781 (Section 1256 Contracts). Your broker should have provided you with a form that aggregates all your trades (you don’t list them individually).

Well I am a Canadian trader using a American broker, should they still provide me with this form?

Probably not. I’d check Canadian tax law on this stuff. What I said before was based on US reporting.