How to Qualify for Trader Tax Status (2024)

How to Qualify for Trader Tax Status (1)

You’ve been day trading for a while, and you’ve been pretty successful at it. You’re thinking about taking the plunge and going full-time. But there’s one thing holding you back: taxes. More specifically, you’re worried about how to pay fewer taxes as a day trader. So, you ask how to qualify for trader tax status (TTS).

What is Trader Tax Status (TTS)?

Trader tax status is a designation given to taxpayers who meet certain criteria set forth by the IRS. TTS comes with a number of benefits, chief among them being the ability to deduct business expenses from your taxes. This includes computer equipment, office space, education, and travel.

How to Qualify for Trader Tax Status

Now that we know what TTS is and its benefits, let’s talk about how to qualify.

To qualify for TTS, you must meet a set of criteria that is based onIRS Tax Topic 429:

  1. You must derive a majority of your income from trading.
  2. You must be considered a “trader in securities” by the IRS.

The first criterion is relatively straightforward.If more than 50% of your income comes from trading, you should have no problem meeting that criteria. The second criterion is a bit more complicated and is where most people run into trouble.

How to Qualify as a Trader in Securities

To be considered a “trader in securities” by the IRS, you must meet the following criteria:

  1. You must have business expenses customary to an active day trader. If you are executing your trading business, you will incur many expenses just in the ordinary course of business. And these are reasonable and necessary to execute. For example, if you’re a short seller, you may have a hard-to-borrow interest or locate fees. If you have a brokerage account, you might pay for data feeds. You might subscribe to a newswire service like Benzinga Pro or scanners like TradeIdeas. These are all expenses customary to an active day trader.
  2. You must have equipment used for day trading. Day trading equipment needs to be equipment used in the execution of your trading and could include items such as:
    • Computer with multiple monitors
    • Laptop
    • High-speed internet connection
    • Day trading software platform
  3. You must spend enough time in the market as a trader. This means that trading cannot simply be a hobby; it must be your primary source of income. Regarding how much of your income needs to come from trading, the IRS has said that traders should expect tospend at least 500 hours trading per year tradingon qualifying for TTS.
  4. You must trade actively. You cannot simply buy and hold a stock for years; you must be an active trader, constantly buying and selling securities. The IRS has never provided explicit guidance on these questions, but they have offered some general guidelines. For example, a good benchmark isplacing at least 720 trades during a tax year. A trade is defined as a buy or a sell. Active day traders can meet this criterion quickly.
  5. You must trade frequently and regularly. To qualify for TTS, you must trade frequently. This is, by far, the most challenging criterion to hit. But what does “frequently” mean, exactly? The stock market is open 252 days per year. The IRS states that you must actively trade in at least 189 days of the 252 days. This gives you 75 days you can afford to miss for vacation, sick time, or any other personal time off.

TraderFyles Can Help

TraderFyles has a built-in metric to determine how many trades you placed and how many days you traded, the two most difficult criteria to meet, in the tax year. All you have to do is upload your 1099-B into our 1099-B Match or upload your trade history into Audit My Broker and let the software do the rest. Sign up today and start taking advantage of trader tax status!

How to Qualify for Trader Tax Status (2)
How to Qualify for Trader Tax Status (3)

Bottom Line

Qualifying for trader tax status can save you a lot of money come tax time—but it’s not easy. You need to meet these five criteria to qualify for trader tax status. If you can check all of those boxes, then congratulations—you are well on your way to reaping the many benefits that come with TTS!

Of course, these are just general guidelines—the IRS could audit your taxes and determine that you don’t meet the requirements for TTS even if you think you do. So it’s always best to consult with a tax professional before attempting to claim TTS on your taxes.

Here is an excellent video from Brian Rivera, CPA, discussing how to qualify for trader tax status. Check it out.

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How to Qualify for Trader Tax Status (2024)

FAQs

How to Qualify for Trader Tax Status? ›

You must seek to profit from daily market movements in the prices of securities and not from dividends, interest, or capital appreciation; Your activity must be substantial; and. You must carry on the activity with continuity and regularity.

Who qualifies for trader tax status? ›

You must seek to profit from daily market movements in the prices of securities and not from dividends, interest, or capital appreciation; Your activity must be substantial; and. You must carry on the activity with continuity and regularity.

Is trader tax status worth it? ›

Trader tax status comes with a number of benefits, including the ability to deduct interest as an expense. Traders can deduct educational expenses, like stock trading seminars and educational materials, provided that these expenses are itemized and exceed two percent of their adjusted gross income.

How to prove income as a day trader? ›

Some ways to prove self-employment income include:
  1. Annual Tax Return (Form 1040) This is the most credible and straightforward way to demonstrate your income over the last year since it's an official legal document recognized by the IRS. ...
  2. 1099 Forms. ...
  3. Bank Statements. ...
  4. Profit/Loss Statements. ...
  5. Self-Employed Pay Stubs.

How to qualify as a day trader? ›

According to FINRA rules, you're considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

Am I considered a trader? ›

To qualify as a trader, you: Trade substantially, regularly, frequently, and continuously. Seek to profit from short-term security price swings.

Can a day trader write off a car? ›

As a day trader, you benefit from being self-sufficient: scheduling meetings with a mentor you can learn from, or making office supply runs to ensure you have what you need to do your job well. If you drive for these or other work-related purposes, you can claim car expenses on your taxes.

How much money do day traders with $10,000 accounts make per day on average? ›

With a $10,000 account, a good day might bring in a five percent gain, which is $500. However, day traders also need to consider fixed costs such as commissions charged by brokers. These commissions can eat into profits, and day traders need to earn enough to overcome these fees [2].

Can you day trade under an LLC? ›

If you are successful as an independent day trader, it can create significant tax liabilities for you. Individuals who want to actively participate in the stock market have several options: they can trade as individuals or sole proprietors, qualify for trader status, or trade through a business entity such as an LLC.

How much do I have to pay for taxes as a trader? ›

Are day traders taxed differently?
Gross Annual IncomeLong-Term Tax RateShort-term/Regular Tax Rate
Up to $9,3250%10%
$9,326 to $37,9500%15%
$37,951 to $91,90015%25%
$91,901 to $191,65015%28%
3 more rows
Oct 21, 2023

Do full-time day traders pay taxes? ›

How day trading impacts your taxes. A profitable trader must pay taxes on their earnings, further reducing any potential profit. Additionally, day trading doesn't qualify for favorable tax treatment compared with long-term buy-and-hold investing.

Can day traders write off losses? ›

You can use up to $3,000 in excess losses per year to offset your ordinary income, such as wages, interest, or self-employment income on your tax return and carry over any remaining excess loss to following years. If investments are held for a year or less, ordinary income taxes apply to any gains.

Are day traders considered unemployed? ›

The law considers a trader in securi es to be self-employed, even though a trader doesn't maintain an inventory and doesn't have customers. Traders report their business expenses on Schedule C , Profit or Loss From Business .

How to file taxes as a day trader? ›

If a day trader who qualifies as a trader in securities makes the Sec. 475(f) mark-to-market election, the day trader treats all the gains or losses from his or her trading activity as ordinary gains or losses that must be reported on Part II of Form 4797, Sales of Business Property.

What is the 3 5 7 rule in trading? ›

What is the 3 5 7 rule in trading? A risk management principle known as the “3-5-7” rule in trading advises diversifying one's financial holdings to reduce risk. The 3% rule states that you should never risk more than 3% of your whole trading capital on a single deal.

Why do you need $25,000 to day trade? ›

Why Do You Need 25k To Day Trade? The $25k requirement for day trading is a rule set by FINRA. It's designed to protect investors from the risks of day trading. By requiring a minimum equity of $25k, FINRA ensures that investors have enough capital to absorb potential losses.

Who is considered a professional trader? ›

Retail traders usually trade in small amounts and may focus on a particular market or security, such as stocks or currencies. Professional traders, on the other hand, are individuals who trade on behalf of an organization or institution, such as a hedge fund or investment bank.

What is a qualified trader business? ›

(3) Qualified trade or business For purposes of this subsection, the term “qualified trade or business” means any trade or business other than— (A) any trade or business involving the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, ...

Can you be self employed as a trader? ›

Working as an independent trader can be a way for individuals to make extra income, or even possibly a full-time living. But like any business venture, the income generated from trading is taxable. If you are successful as an independent day trader, it can create significant tax liabilities for you.

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