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Navigating Mark to Market Election/Trader Tax Status for 2025 Tax Year

I'm really confused about the whole TTS/MTM election process and hoping someone can help clear things up. Some background: I have a full-time job but have been actively day trading since July 2023. I typically focus on a handful of securities that I follow closely, and I trade them pretty frequently. I'm making around 15-25 trades per month on average. Looking at my 1099 from last year, I realized I've accumulated a ton of wash losses which is frustrating. From what I've gathered, unless I elect Mark to Market or qualify for Trader Tax Status, those wash losses won't count. I know it's too late for 2024, but I want to set this up correctly for 2025 and can't find clear instructions anywhere online. My main questions are: 1. Are MTM and TTS two different things? I think one is an election you make when filing taxes and the other is a status you qualify for, but I'm not sure. Do I need a CPA to help with either of these? 2. I also have long-term investment positions in other brokerage accounts (through my employer's RSU program and my personal investment portfolio). I want to keep these as regular investments and not subject to MTM. Can I make the election selectively by brokerage account? 3. Is there any way to claim my wash losses from 2024 in my 2025 return if I make the MTM election, or are those just gone forever? Extra info: I'm on a work visa (not a US citizen). My trading account is around $45-50k. Not sure if either of these factors affects anything. Should I just hire a tax pro for this? These questions feel pretty specific but any guidance would be super helpful!

This is really helpful information! I'm in a similar situation - been actively trading since early 2024 and dealing with the wash sale headache. One thing I want to add based on my research: even if you don't qualify for full TTS, you might still be able to deduct some trading-related expenses as miscellaneous itemized deductions (though these are currently suspended until 2025 under TCJA). Things like trading software subscriptions, market data feeds, and trading education could potentially be deductible once that suspension lifts. Also, @aef192fb4d37, since you mentioned being on a work visa - make sure to check if your visa status allows you to engage in trading as a business activity. Most work visas permit investment activities, but if you're claiming TTS, you're essentially saying trading is your business, which could potentially create complications depending on your specific visa type. The consensus here seems to be that professional help is worth it for the first year, especially given the complexity and potential audit risks. Better to get it right from the start than deal with problems later!

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Lucy Lam

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Great point about the visa considerations! I hadn't thought about that potential complication. As someone new to this community and relatively new to trading myself, I'm finding this whole thread incredibly educational. One question I have - for those who have gone through the MTM election process, how detailed does the documentation need to be? I keep hearing about "proper documentation" but I'm not sure what that actually looks like in practice. Are we talking about just keeping trade records, or do you need to document time spent analyzing markets, research methods, etc.? Also, @0c1c8eb3903f, you mentioned trading education being potentially deductible - does that include things like trading courses or books about technical analysis? I've spent quite a bit on educational materials this year and it would be nice to know if any of that might be recoverable down the line. Thanks everyone for sharing your experiences - this is exactly the kind of real-world insight that's so hard to find elsewhere!

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Welcome to the community, @48259063b1fa! Great questions about documentation requirements. For MTM election documentation, you'll want to maintain detailed records beyond just trade confirmations. The IRS expects to see evidence that you're treating trading as a business, which includes: - Trading journals showing your analysis and decision-making process - Time logs documenting hours spent on market research and trading activities - Records of your trading strategy and any changes to it - Documentation of your workspace/office setup for trading - Evidence of continuous and regular trading patterns Regarding educational expenses - yes, trading courses, books, software subscriptions, and even market data feeds could potentially qualify as business deductions if you achieve TTS. Keep all receipts! However, remember these miscellaneous itemized deductions are currently suspended through 2025 under the Tax Cuts and Jobs Act. The key is demonstrating that your trading activities constitute a trade or business rather than just investment activity. The more professional and business-like your approach appears, the stronger your case for TTS. Since you're new to this, I'd echo what others have said about getting professional help for your first year making these elections. The upfront cost of a qualified tax professional is usually much less than the potential cost of getting it wrong and facing IRS challenges later. Good luck with your trading and tax planning!

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Thanks @bf421e3da8c5 for the comprehensive breakdown on documentation! This is exactly what I was looking for. I'm curious about one specific aspect - you mentioned maintaining trading journals showing analysis and decision-making process. For someone just starting to think about TTS for next year, would it be beneficial to start keeping these detailed records now even though I'm not making any elections for 2024? I imagine having a full year of documented trading activity and business-like practices would strengthen any future TTS claim, but I don't want to create unnecessary work if it won't actually help. Also, regarding the workspace documentation - does this need to be a dedicated home office, or would documenting a specific area/desk that you consistently use for trading be sufficient? My trading setup is part of my home office that I also use for my regular job, so I'm wondering how to properly document that mixed use. Really appreciate everyone's willingness to share their experiences here. As someone new to both serious trading and this community, it's invaluable to get these real-world insights!

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Hannah White

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I'm in the same boat as many of you here! I've been trying to register for VITA training for weeks and keep hitting roadblocks. Based on all the suggestions in this thread, I think I'm going to try the local site coordinator approach first since that seems like the most reliable workaround. @Sean Murphy - if you haven't tried it yet, the IRS VITA Locator tool that @Ethan Brown mentioned is really helpful. I just used it and found three sites within 20 miles of me. Two of them had direct email addresses listed for their coordinators. It's frustrating that the IRS registration system has so many issues, but I'm encouraged to see how many people have found ways around it. The fact that multiple local coordinators are aware of the registration problems suggests this is a widespread issue they're dealing with regularly. Hopefully they'll get it fixed soon, but in the meantime at least we have these alternatives! Thanks everyone for sharing your experiences and solutions!

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Evelyn Xu

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@Hannah White That s'a great approach! I went through this same frustrating process a few months ago and the local coordinator route was definitely the most straightforward. When you contact them, make sure to mention that you re'aware of the online registration issues - they ll'probably have the site code ready to send you right away since they deal with this problem constantly. One thing I d'add is to ask about any upcoming group training sessions too. Some sites do in-person orientations that can be really helpful, especially if you re'new to tax preparation. Good luck with your VITA journey - it s'such a rewarding way to help the community!

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Demi Lagos

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I just wanted to share another potential solution that worked for me after trying several of the methods mentioned here. I was having the same registration issues and while waiting to hear back from my local VITA coordinator, I tried accessing the registration page through the IRS's main Volunteer page instead of going directly to the Link & Learn portal. From the main IRS.gov homepage, I searched for "volunteer income tax assistance" and clicked on the official VITA page. From there, there's a "Become a Volunteer" section that has a different registration link than what's usually shared in emails or other resources. This alternate path took me to a working registration form where I was able to create my account successfully. It might be worth trying this route before going through third-party services or waiting for coordinator callbacks. The training materials look current from what I can see so far, though I'm still working through the basic modules. Hope this helps someone else who's stuck!

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Louisa Ramirez

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@Demi Lagos This is such a helpful tip! I wish I had known about this alternate registration path earlier. I spent so much time trying to make the direct Link & Learn portal work when there was apparently a working route through the main IRS site all along. I m'curious - did you notice any differences in the account setup process when going through this route versus the standard registration? And were you able to access all the same training modules once you got in? I m'definitely going to bookmark this method for future reference and share it with others who might be struggling with the same issue. Thanks for taking the time to share this solution - it could save a lot of people from the frustration we ve'all been dealing with!

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Just wanted to add a practical tip for tracking expenses throughout the year - I use a simple spreadsheet to log every business-related purchase as it happens. Categories like equipment, software subscriptions, office supplies, travel/mileage, etc. Makes tax time SO much easier than trying to dig through bank statements later. Also, if you're using your phone or computer for content creation, you can deduct the business percentage of those costs too. Just make sure you can justify the percentage if the IRS ever asks. For example, if you use your phone 40% for business, you can deduct 40% of your monthly bill. The key is being able to document that these expenses are "ordinary and necessary" for your content creation business. Keep receipts and notes about how each expense relates to your work!

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Isaiah Cross

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This is such great advice! I wish I had known about tracking expenses from the beginning. I'm just starting out with freelance work and have been throwing all my receipts in a shoebox like it's 1995. Quick question - for the phone/computer percentage, do you just estimate or is there a specific way to calculate it? I probably use my laptop about 60% for work but I'm not sure how to prove that if asked. Should I be tracking my usage somehow or is a reasonable estimate okay? Also, what counts as "office supplies" for content creators? I'm assuming things like memory cards and batteries for my camera, but what about stuff like coffee if I'm working from home? Trying to figure out where the line is!

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Evelyn Kelly

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For phone/computer percentage, a reasonable estimate is generally fine, but it's smart to document your reasoning. You could keep a log for a week or two showing actual usage to support your estimate, or note specific work activities (video editing, client calls, research, etc.) vs personal use. For office supplies, memory cards and camera batteries definitely count! Coffee gets trickier - if you're meeting clients at a coffee shop, that's deductible, but your daily home coffee habit probably isn't. The IRS test is whether it's "ordinary and necessary" for your specific business. Other content creator expenses that might qualify: lighting equipment, tripods, microphones, editing software subscriptions, stock photo/music licenses, props for videos, even costumes or specific clothing if they're only for content creation. Just keep good records showing the business purpose!

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Talia Klein

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One thing I haven't seen mentioned yet is that you might also want to consider making quarterly estimated tax payments for this year if you plan to continue your content creation work. Since you'll likely earn more than $1,000 in self-employment tax again, the IRS expects you to pay as you go rather than waiting until next April. You can calculate your estimated payments using Form 1040ES. Generally, you'll want to pay either 100% of last year's total tax liability or 90% of this year's expected tax - whichever is smaller. This helps you avoid underpayment penalties and also makes the tax burden more manageable by spreading it across the year. Also, don't forget to keep track of any business miles you drive for content creation purposes (going to filming locations, meeting clients, picking up supplies, etc.). The standard mileage rate for 2024 is 67 cents per mile, which can add up to significant deductions if you do much driving for your business!

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Bruno Simmons

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This is really helpful advice about quarterly payments! I'm just getting started with understanding all this self-employment tax stuff. Quick question - when you say "100% of last year's total tax liability," does that include the self-employment tax portion, or just the income tax? Since this is my first year earning 1099 income, I'm assuming I'd need to use the 90% of this year's expected tax option? Also, thanks for mentioning the mileage deduction! I drive to various locations for content shoots and had no idea I could deduct that. Do I need to keep a detailed log of each trip, or is it okay to estimate based on my typical monthly business driving?

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Based on all these real audit experiences shared here, I wanted to add some perspective from the technology side of things. I work in fintech and can confirm that payment apps like Zelle, Venmo, and Cash App are indeed integrated with the banking system in ways that make transactions visible during audits. What many people don't realize is that Zelle transactions actually go directly through your bank - they're not separate like some other payment apps. This means they show up on your regular bank statements with identifying information, making them just as visible as any other deposit or withdrawal to IRS auditors. The key point everyone's been making about documentation is spot-on. The IRS isn't necessarily trying to "catch" people using payment apps to hide income - they're looking for patterns of unreported income from ANY source. Payment apps just happen to be an increasingly common source that many people handle casually without proper record-keeping. For anyone worried about this: start documenting everything now, separate business and personal transactions, and remember that the goal is simply to be able to explain and justify your deposits if asked. The technology isn't working against you - lack of organization is the real risk factor.

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This is really helpful context from the tech side! I had no idea that Zelle transactions go directly through your bank like that - I always thought of it as more of a separate app service. That definitely explains why they'd be so visible during audits. Your point about the IRS not specifically targeting payment apps but just looking for unreported income patterns makes a lot of sense. It's not like they're sitting there thinking "let's go after people using Zelle" - they're just following the money trail wherever it leads, and these apps happen to be part of that trail now. I'm curious though - from your fintech perspective, do you think the IRS has gotten better at analyzing digital payment patterns over the past few years? Like, are their systems more sophisticated now at flagging unusual deposit patterns across different payment methods?

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Amina Sy

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Absolutely - the IRS has significantly upgraded their data analysis capabilities over the past few years. They're using much more sophisticated pattern recognition systems that can cross-reference multiple data sources, including various payment platforms, bank deposits, and even third-party reporting from payment processors. What's particularly interesting is that they're not just looking at individual transactions anymore, but analyzing behavioral patterns across your entire financial ecosystem. For example, if someone reports $30K in business income but has $45K in unexplained deposits across Zelle, Venmo, and cash deposits, their systems can flag that discrepancy automatically. The 2024 updates to their computer systems have made them much better at identifying what they call "economic reality" - basically, does your reported income match your actual cash flow patterns across all sources? This is why the documentation advice everyone's been giving is so crucial. It's not enough to just report income correctly; you need to be able to explain the source and nature of every significant deposit, regardless of which platform it came through. The good news is that if you're legitimately reporting all your income and can document your transactions, these improved systems actually work in your favor by reducing false positives and focusing audits on actual compliance issues.

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Yara Assad

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This entire discussion has been incredibly eye-opening and honestly a bit of a wake-up call for me. I've been freelancing as a web developer for about 3 years now and receiving probably 60-70% of my payments through Zelle because clients find it convenient. I always report the income correctly on my taxes, but my record-keeping has been absolutely terrible - just a mess of mixed personal and business transactions with barely any documentation. What really struck me from reading everyone's actual audit experiences is that it's not about the IRS "coming after" people using payment apps, but rather that these transactions are just part of the normal paper trail they examine during any audit. The fact that Zelle goes directly through your bank (thanks for that insight, Hiroshi!) means there's really no hiding these transactions anyway. I'm definitely implementing several of the suggestions here immediately: opening a dedicated business account, creating that transaction tracking spreadsheet retroactively for this year, and starting to screenshot payment memos. The peace of mind alone will be worth the effort. One thing I'm still wondering about - for those who've been audited, did the agents ever comment on or seem more suspicious of businesses that received a high percentage of payments through apps versus traditional methods like checks or wire transfers? Or do they really treat all deposit sources equally as long as they're properly documented and reported?

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Zara Ahmed

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I've been struggling with this exact same issue for the past two years! Your situation sounds almost identical to mine - I kept frontloading my 401k contributions thinking I was being proactive, but then missing out on employer match for half the year. What finally helped me was creating a simple spreadsheet to calculate the exact contribution percentage needed to hit my limit on the very last paycheck of December. The formula is pretty straightforward: (Target Annual Contribution Γ· Annual Salary) Γ— 100, but you have to account for any pay periods you've already missed and adjust accordingly. The key insight I learned is that most employer matching formulas are designed around the assumption that employees will contribute consistently throughout the year. When you frontload, you're essentially gaming a system that wasn't built for that approach, which is why the true-up provisions exist as a safety net. For 2025, I'm planning to contribute exactly $958.33 per pay period (I get paid bi-weekly) to hit the $23,000 limit on my final December paycheck while ensuring I get employer match with every single contribution. It requires a bit more planning upfront, but the peace of mind knowing I'm maximizing every dollar of free money from my employer is totally worth it.

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Sean Murphy

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This is exactly the kind of practical approach I've been looking for! Your spreadsheet calculation makes so much sense - I've been overthinking this whole process when it really just comes down to basic math and consistent execution. I'm curious about one thing though - do you adjust your contribution percentage if you receive unexpected bonuses or salary increases during the year? For example, if you get a mid-year raise, that would change your total annual salary and potentially throw off your calculations for hitting the limit exactly on your final December paycheck. Also, have you found that contributing $958.33 bi-weekly works well with your cash flow? I'm trying to decide between your approach of spreading it evenly versus doing a slightly higher percentage early in the year and then reducing it later to account for potential bonuses that might push me over the limit accidentally.

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Chad Winthrope

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Great question about handling mid-year changes! I actually build in a small buffer by calculating for about 98% of my target, then use any salary increases or bonuses to help reach the final 2%. This way I'm never at risk of going over the limit accidentally. For cash flow, the $958 bi-weekly has worked well since it's predictable - I can budget around it easily. The even approach gives me much better cash flow management than when I was frontloading $4,000+ per month early in the year and then having "extra" money later. One tip I learned: if you do get a significant mid-year raise, you can recalculate and actually reduce your contribution percentage for the remaining pay periods while still hitting your target. This frees up more cash when you might need it most (like around the holidays). The key is just staying on top of the math rather than setting it once and forgetting about it.

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I've been dealing with a very similar frontloading issue! After reading through everyone's experiences here, I'm realizing I made the same mistake this year by hitting my $23,000 limit back in August and potentially missing out on 4 months of employer match. The consensus seems clear that spreading contributions evenly throughout the year is the safest approach, but I'm wondering about one specific scenario: what happens if your employer processes payroll on different schedules throughout the year? For example, my company sometimes has 3-paycheck months due to how the calendar falls, which throws off my bi-weekly calculation. Also, I noticed several people mentioned mega backdoor Roth strategies for reaching that full $69,000 415c limit. For those who've successfully implemented this, how do you coordinate the timing between maxing your regular contributions, getting full employer match, AND optimizing the after-tax contributions? It seems like there are a lot of moving pieces to juggle, especially if you're trying to do in-service conversions to avoid tax drag on the after-tax growth. Has anyone found a good rule of thumb for prioritizing these different contribution types throughout the year?

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