I.R.C. § 59A(h)(4)(A) In General
The term “derivative” means any contract
(including any option, forward contract, futures contract, short position, swap, or
similar contract) the value of which, or any payment or other transfer with respect
to which, is (directly or indirectly) determined by reference to one or more of the
I.R.C. § 59A(h)(4)(A)(v)
Any rate, price, amount, index, formula, or algorithm.
Such term shall not include any item described in clauses (i) through (v).
I.R.C. § 59A(h)(4)(B) Treatment Of American Depository Receipts And Similar Instruments
Except as otherwise provided by the Secretary, for purposes of this part, American
depository receipts (and similar instruments)
with respect to shares of stock in foreign corporations shall be treated as shares
of stock in such foreign corporations.
I.R.C. § 59A(h)(4)(C) Exception For Certain Contracts
Such term shall not include any insurance, annuity, or endowment contract issued by
an insurance company to which subchapter L applies (or issued by any foreign corporation
to which such subchapter would apply if such foreign corporation were a domestic corporation).