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Don't forget to check local requirements too! My teenager had to get a business license for his lawn business in our town even though he's under 18. It only cost $25 but we had no idea until a neighbor (who happens to work for the city) mentioned it to us. Some places don't require it for minors or under certain income levels, but worth checking your local rules.
Great question! I went through this exact situation with my daughter's tutoring business last year. Here are the key points that helped us: First, yes - since your son will likely exceed $400 in self-employment income, he'll need to file a tax return and pay self-employment taxes (about 15.3% for Social Security and Medicare). This applies even though he's a minor and your dependent. He'll use Schedule C to report his business income and expenses. Keep detailed records of everything - income from each customer and all business expenses. Even small things add up: gas for the mower, oil, replacement parts, business-related mileage when you drive him to customers, etc. The good news is that with proper expense tracking, his taxable income will be lower than his gross earnings. And since he's likely under the standard deduction threshold for regular income tax, he'll probably only owe the self-employment tax portion. One tip: have him set aside about 15-20% of his earnings in a separate account for taxes. This way you're not scrambling to pay when filing time comes. It's also great practice for him to learn about business finances! Don't stress too much - this is actually a wonderful learning opportunity for him about entrepreneurship and taxes. The IRS has good resources for small business owners, and there are plenty of tax prep services that handle simple Schedule C situations like this.
Has anyone considered the wash sale aspect? Section 1256 contracts (including SPX options) are exempt from wash sale rules already, so that MTM benefit doesn't apply here. But if you're trading a mix of SPX and other securities (like stocks or non-1256 options), MTM could help by eliminating wash sales on those other securities. I guess the key question is: how diversified is your trading? Pure SPX probably doesn't benefit from MTM, but a mixed portfolio might in some circumstances.
You're absolutely right to be skeptical about MTM for SPX trading. The 60/40 treatment is almost always better mathematically unless you have very specific circumstances. I made the MTM election a few years back when I was doing mixed trading (SPX + individual stocks) and had substantial losses I wanted to fully deduct. But now that I'm profitable and trade primarily SPX, I actually regret it. I'm paying ordinary income rates on everything instead of getting that sweet 60% long-term treatment. One thing to consider: the MTM election is pretty much permanent once you make it. You'd need IRS permission to revoke it, which they rarely grant. So unless you have a compelling reason (like significant business expenses or large losses to offset other income), stick with Section 1256. The QBI deduction mentioned earlier can help offset some of the MTM disadvantage, but even with the 20% QBI deduction, you're still likely paying more than the 60/40 split on substantial gains.
Another option is to request an extension on your closing date. I had to do this when dealing with an IRS lien - explained the situation to the buyers, and they agreed to push the closing back by two weeks. Most people understand that IRS issues are beyond your control. While not ideal, it's better than having the deal fall through completely.
I went through this nightmare scenario two years ago when selling my home. After days of failed attempts to reach the lien department, I finally got through using a combination of strategies that worked for me. First, I called the main IRS line (1-800-829-1040) at exactly 7:00 AM local time and selected the option for "payment plans" instead of going directly to the lien department. When I got a live agent, I explained my urgent situation with the closing date and asked them to transfer me directly to the lien department with a warm transfer (meaning they stay on the line to ensure the connection goes through). This bypassed the normal hold queue. Second, I prepared what I called a "lien emergency packet" - a one-page summary with my SSN, lien serial number, property address, closing date, and title company contact info. Having this ready made the call incredibly efficient once I got through. The agent was actually very helpful once they understood the time-sensitive nature of my situation. They were able to email the payoff letter within 24 hours, which saved my closing. Also, make sure your title company knows about the IRS delays - many are familiar with this issue and may be willing to work with you on alternative arrangements like the conditional release mentioned earlier. Don't panic yet - there are still options!
Has anyone here actually received a whistleblower award? I submitted information 3 years ago about a company hiding over $8 million in income and haven't heard anything except a letter acknowledging they received my form 211.
Thanks for sharing that. Six years is a really long time to wait, but at least there was eventually an outcome. Did he get updates during those 6 years or was it just silence until they finally contacted him about the award?
Mostly silence. He got an acknowledgment letter when he first submitted, then nothing for about 3 years. Then he got a letter asking for some additional information, then silence again for 2 more years. Then seemingly out of nowhere, he got a letter saying they were calculating his award. The final payment came about 8 months after that. His attorney told him this timeline is actually pretty typical for larger cases.
I went through this process about 18 months ago and wanted to share some practical advice. First, definitely gather and organize ALL your documentation before submitting Form 211 - emails, financial records, contracts, anything that shows the tax violations. The IRS receives thousands of these submissions, so the better organized and more detailed yours is, the more likely it gets serious attention. Second, consider the emotional toll this might take. Even though I knew I was doing the right thing, the stress of potentially being identified and the long wait for any response was really difficult. I'd recommend having a support system in place. One thing I wish I'd known earlier is that you can actually call the IRS Whistleblower Office directly at 202-622-7104 if you have questions about the process before submitting. They can't give legal advice, but they can clarify procedural questions about Form 211. Much better than trying to navigate the general IRS phone system. The waiting is definitely the hardest part - I'm still in that phase myself. But knowing I reported serious tax fraud gives me peace of mind, regardless of any potential award.
Theodore Nelson
Has anyone here actually calculated how many trades you need to qualify for trader tax status? I've heard different numbers from different accountants.
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AaliyahAli
โขThe IRS doesn't give a specific number, but tax court cases suggest you need to trade 4-5 days per week with substantial number of trades (some say 1000+ per year), short holding periods (usually less than 30 days), and spend 4+ hours daily on your trading business. It's about showing it's a business, not just investing.
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Kaitlyn Jenkins
Just to add some clarity on the IRA question - your beneficiary IRA distributions will be taxed as ordinary income regardless of your trader status election. This is because IRAs don't have capital gains treatment to begin with. When you take distributions from a traditional IRA (including inherited ones), it's all ordinary income tax regardless of what investments were inside or how long they were held. So making the trader tax status election for your trading account won't make your IRA distributions any worse tax-wise - they were already going to be ordinary income. The election only affects your non-retirement trading account where you'd be giving up potential long-term capital gains treatment in exchange for the trader benefits like avoiding wash sales. Make sure you can handle losing long-term capital gains rates on any positions you might hold longer in your trading account before making this election.
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