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KaiEsmeralda

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Has anyone actually successfully qualified for trader tax status while doing swing trading? I'm holding positions for about 2-3 weeks on average, making maybe 6-8 trades per week. My tax guy says I'm nowhere near the volume needed, but then I read about others claiming trader status with similar patterns.

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With 6-8 trades per week and 2-3 week holding periods, you're not going to qualify for trader tax status. The courts and IRS generally look for trading that is "substantial, regular, and continuous" - typically hundreds of trades yearly with very short holding periods (often intraday or just a few days).

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Rami Samuels

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The consensus here is spot on - swing trading with your holding periods typically won't qualify for trader tax status or provide the tax benefits you're hoping for with an LLC or S-Corp structure. However, there's one angle that hasn't been fully explored: if you're planning to scale up your trading activities significantly in 2025, it might be worth considering the entity structure now to avoid complications later. The administrative burden of transferring existing positions from individual to business accounts can be substantial. That said, at your current activity level, you're likely better off focusing on maximizing the deductions you can already take as an individual investor - things like investment advisory fees, research subscriptions, trading software, and a portion of your home office if used exclusively for trading research. The real question is whether you see your trading evolving into something more substantial where you'd eventually meet the criteria for trader tax status. If not, the entity formation is probably an unnecessary expense and complication for your current situation.

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CosmicCowboy

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This is really helpful advice about planning ahead for scaling up. I hadn't considered the complexity of transferring existing positions later. One follow-up question - if I do decide to form an entity now for future planning, would you recommend LLC or S-Corp? And is there a minimum income threshold where it starts making sense to maintain the entity even if I'm not getting immediate tax benefits?

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Amina Diop

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I'm new to this community but currently dealing with this exact same 8822b processing delay - submitted mine 8 weeks ago to the Cincinnati service center with zero confirmation. This thread has been absolutely invaluable! Reading through everyone's experiences, I'm struck by how much more practical and actionable the advice here is compared to anything available through official IRS channels. The systematic approach that's emerged from multiple success stories is really compelling: check your business transcript online first (using the Account Transcript option during off-peak hours as Hunter suggested), then send a targeted follow-up letter with Caleb's specific language requesting an updated transcript be mailed to your new address. What gives me the most confidence is seeing recent success stories like Cameron's that prove this method actually works within a reasonable timeframe. The insight about asking for a specific action (mail the transcript) rather than just requesting status updates seems to be the key difference. I'm planning to start with the transcript verification this week and then send the follow-up letter including my certified mail tracking number and phone number if my old address is still showing. It's unfortunate we have to develop our own workarounds for something so straightforward, but this community has created an incredibly valuable resource. I'll definitely update with my results to help others going through the same frustrating process!

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Ravi Kapoor

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Welcome to the community, Amina! I'm also new here and dealing with a very similar situation - submitted my 8822b about 4 weeks ago and already starting to worry after reading about everyone's extended wait times. Your timeline of 8 weeks with Cincinnati is consistent with what others have reported from different service centers, which confirms this really is a nationwide processing issue rather than regional problems. It's both frustrating and oddly reassuring to know we're all experiencing the same delays. I've been taking notes on everyone's systematic approach here and plan to start with the Account Transcript check in a couple more weeks if I don't hear anything. The fact that Cameron and others have had actual success with the targeted follow-up letter method gives me hope that there's a reliable path forward. Thanks for adding your experience to this incredibly helpful thread - the more data points we have about timing and service centers, the better we can all set expectations. Please keep us posted on how the transcript verification and follow-up letter approach works for you!

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I'm new to this community but dealing with the exact same 8822b processing nightmare - submitted mine about 3 weeks ago and already getting anxious after reading everyone's experiences with 8+ week delays. This thread has been absolutely incredible though! The systematic approach that's emerged here is so much more helpful than anything on the IRS website. I'm taking notes on the combination strategy: check Account Transcript online during off-peak hours to verify old address is still showing, then send targeted follow-up letter using Caleb's specific template requesting updated transcript be mailed to new address. What's particularly encouraging is seeing multiple recent success stories confirming this method actually works. Cameron's detailed breakdown of including certified mail tracking numbers and phone numbers seems crucial too. I'm planning to give it another 2-3 weeks before starting the transcript verification process, but it's reassuring to know there's a proven path forward rather than just endless waiting. Thanks to everyone who shared what actually worked - this community has solved a problem the IRS should have clear guidance for but doesn't. Will definitely report back with my results to help others!

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Ashley Adams

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Welcome to the community, Astrid! I'm also new here and just submitted my 8822b last week, so I'm getting ahead of potential issues by learning from everyone's experiences. It's smart that you're already preparing for the possibility of delays rather than waiting 8+ weeks to realize there's a problem. The systematic approach outlined in this thread really does seem like the most reliable solution. I've bookmarked Caleb's letter template and made notes about the Account Transcript verification process. It's incredible how this community has essentially created a step-by-step guide that's more useful than any official IRS documentation. One thing I'm considering is setting a calendar reminder at the 5-week mark to start the transcript check process, based on everyone's timelines here. That way I won't be caught off guard if my form gets stuck in the same processing delays. Thanks for contributing to this valuable knowledge base - the more people who share their experiences and timelines, the better we can all navigate this frustrating process!

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I've been dealing with tax prep for years and this AMT confusion happens more often than you'd think. Here's what's likely happening: TurboTax is asking for your prior year AMT information because it needs to calculate your current year AMT credit carryforward, if any. Even if you didn't explicitly "pay" AMT last year, the calculation might have been done behind the scenes. Check lines 10-11 on your previous year's Form 1040 - if there's any amount on line 45 (Alternative Minimum Tax), that's what TurboTax needs. If you're confident you had no AMT last year and your income was under the exemption amounts, entering zeros should be fine. But the safest approach is to get your prior year return transcript from the IRS website (takes about 5 minutes if you can verify identity online) or access your old TurboTax account if you used them before. Don't stress too much - this is a common software quirk, not a sign you did anything wrong!

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Yara Sabbagh

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This is exactly the clear explanation I needed! I've been stressing about this for days thinking I missed something important. Just checked my prior year Form 1040 and there's nothing on line 45, so I think entering zeros should work. Really appreciate you breaking down what TurboTax is actually looking for - the "AMT credit carryforward" part makes so much more sense now. Going to try the IRS transcript route first just to be absolutely sure, but at least now I know I'm not crazy for being confused about this!

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Aisha Khan

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I had this exact same problem last year! The frustrating thing is that TurboTax doesn't clearly explain WHY it's asking for this information. After going through this headache myself, I learned that the software needs your prior year AMT data to properly calculate any AMT credit you might be entitled to this year. Here's what worked for me: Log into your IRS online account at irs.gov and request a "Tax Return Transcript" for last year. It's free and if you can verify your identity online, you'll get it instantly. Look for any AMT-related entries - they'll be clearly labeled. If you used TurboTax last year, you can also log into your old account and view/download your previous return as a PDF. The AMT information will be buried in there somewhere, usually as part of the Form 6251 calculation even if you didn't owe any AMT. Worst case scenario, if you're absolutely certain you had no AMT last year (income under $75k, standard deduction, no complex investments), then entering zeros is probably safe. But getting the actual numbers from your prior return is always the better approach to avoid any issues down the road.

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This is super helpful! I'm in a similar boat - stuck on this AMT screen and TurboTax won't let me move forward. I tried the IRS transcript route you mentioned but I'm having trouble verifying my identity online (something about my credit report info not matching). Quick question - when you say the AMT info will be "buried" in the old TurboTax return, roughly where should I be looking? Is it on the main 1040 form or in some separate worksheet? I found my old account but the PDF is like 50 pages and I'm not sure what I'm searching for exactly. Thanks for taking the time to explain this so clearly!

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Nia Thompson

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If you're having trouble with the IRS identity verification online, you can also try calling them (though expect long wait times) or visit a local IRS office if you have one nearby. For finding the AMT info in your old TurboTax PDF, look for Form 6251 specifically - it's usually toward the middle or end of the document. Even if you didn't owe AMT, TurboTax often generates this form as part of the calculation process. You can also search the PDF for "6251" or "Alternative Minimum Tax" to jump right to the relevant sections. The key numbers you're looking for are usually on lines 7, 9, and 11 of Form 6251. If that form isn't in your PDF at all, then you most likely didn't have any AMT calculations last year and zeros should be fine to enter in the current year's software. Another quick tip: if you're really stuck, most tax prep places (H&R Block, Liberty Tax, etc.) will do a quick consultation for a small fee to help you find these numbers from your old return.

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Zara Khan

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I'm in a very similar situation and have been researching this extensively! Just wanted to confirm what others have said - yes, you can absolutely both file as Head of Household from the same address. The IRS doesn't have any rule limiting HOH status by address. The key is that you each need to independently meet the three main requirements: 1. Be unmarried (or considered unmarried) at the end of the tax year βœ“ 2. Pay more than half the cost of keeping up a home βœ“ 3. Have a qualifying person (your children) live with you for more than half the year βœ“ Since you're splitting household expenses and each claiming a different child, you should be fine. Just make sure to keep good records of how you divide expenses in case you ever need to justify your filing status. One tip: consider documenting your expense split in writing (even just a simple spreadsheet) showing who pays what percentage of rent, utilities, groceries, etc. This way if there are ever questions, you can clearly show that you each pay more than 50% of the household maintenance costs. Good luck with your filing! The HOH status will definitely save you both money compared to filing as single.

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Aaron Lee

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This is such helpful information! I'm new to this community and dealing with a similar situation. Quick question - when you mention keeping records of expense splits, do you think it's better to have a formal written agreement between partners about who pays what, or is a simple spreadsheet tracking sufficient? I want to make sure I'm covering all my bases in case the IRS has questions later. Thanks for sharing your research!

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Maya Diaz

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A simple spreadsheet should be perfectly adequate for IRS purposes! You don't need a formal legal agreement between you and your partner. What matters is having clear documentation that shows how household expenses are divided and that each of you pays more than 50% of the costs for maintaining the home where you and your qualifying dependent live. I'd recommend tracking monthly expenses like rent/mortgage, utilities, groceries, household supplies, repairs, and any other costs that go toward keeping up the home. Make sure to save receipts and bank statements that support your records. The key is being able to demonstrate that your expense split supports both of you claiming HOH status if the IRS ever asks. Also, remember that "more than half" is calculated based on the total household maintenance costs, not just your personal expenses. So if total household costs are $3000/month and you pay $1600 while your partner pays $1400, you both meet the "more than half" requirement since you're each supporting the household for yourselves and your respective qualifying dependents.

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Miguel Silva

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Just wanted to jump in here as someone who went through this exact situation last year! You're absolutely right to look into both filing as Head of Household - it can save you a significant amount compared to filing as single. The good news is that the IRS does allow two people at the same address to both claim HOH status, as long as you each meet the requirements independently. Since you have two children and are splitting household responsibilities, you should be fine. One thing I'd recommend is being very clear about how you're dividing expenses. Even though you contribute "equally," make sure you can each show that you're paying more than half of the household costs for yourself and your qualifying dependent. This might mean one of you pays a bit more toward rent while the other covers more utilities and groceries - just ensure the split works out mathematically. Also, keep detailed records! Bank statements, receipts, rent payments, utility bills, etc. The IRS rarely questions HOH status, but if they do, you'll want to be able to clearly demonstrate your expense split and that each child primarily lives with their respective parent. The tax savings from HOH vs. single status is definitely worth getting this right. You're smart to research it thoroughly before filing!

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Ruby Blake

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Thank you so much for sharing your experience! This is exactly the kind of real-world advice I was hoping to find. I'm definitely feeling more confident about both of us filing as HOH now that I've seen so many people confirm it's allowed. Your point about being "very clear" with expense division is really helpful. Right now we do split things pretty evenly, but I think I need to sit down and actually calculate the percentages to make sure we're both over that 50% threshold. Would you recommend documenting this split somehow, or is it enough to just track expenses as we go? Also, when you mention keeping bank statements and receipts, how far back should I keep records? Just for the current tax year, or is it better to maintain several years' worth in case of future questions? Thanks again for the practical advice - it's so much more reassuring hearing from someone who actually went through this process successfully!

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I'm just starting to deal with something very similar and this thread has been incredibly educational! Based on everyone's experiences, it sounds like the most common cause is indeed missing or mismatched 1099s from clients. One thing I wanted to add that might help others - when you're gathering your documentation, don't forget about any business expense receipts related to that income. Since the IRS is reducing your self-employment income to zero, they're also likely disallowing any associated business deductions you claimed on Schedule C. While proving your income is the priority, having your expense documentation ready might be important too if they question those separately. Also, for anyone using business banking accounts, those statements can be particularly valuable because they clearly separate business transactions from personal ones. If you were mixing business and personal in the same account, you might want to highlight or annotate the business-related deposits to make it easier for the IRS to follow. The 30-day response deadline is definitely real, but from what I'm reading here, this is totally manageable with good organization and documentation. Thanks to everyone who shared their experiences - it's really helping those of us just starting to navigate this process!

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Yara Nassar

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This is such a great point about the business expenses! I hadn't even thought about the fact that if they're zeroing out my self-employment income, they're probably also disallowing all my Schedule C deductions. That could actually end up being a bigger financial impact than I initially realized. Your suggestion about business banking accounts is really smart too. I do have a separate business account, which should make it much clearer to trace the legitimate business income versus any personal transactions. I'm definitely going to highlight those business deposits when I put together my documentation package. It's also reassuring to hear that even newcomers to this process are finding the advice here helpful and manageable. The 30-day deadline seemed really intimidating at first, but breaking it down into these organized steps makes it feel much more doable. Thanks for adding those insights about the expense documentation - I'll make sure to gather those receipts just in case!

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Noland Curtis

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I'm new to dealing with IRS issues but this thread has been incredibly helpful! I'm facing a similar situation where they've reduced my self-employment income to zero, and I was honestly panicking before reading all these experiences. One thing that really stands out to me from everyone's advice is how important it is to be proactive about contacting clients regarding their 1099 filings. I work with about 6 different small businesses and I'm realizing now that I never actually confirmed whether they filed the required forms or not - I just assumed they knew what they were doing. I'm planning to start there tomorrow and then move on to gathering all my documentation using the spreadsheet method several people mentioned. The idea of matching each bank deposit to its corresponding invoice with dates and amounts seems like exactly the kind of systematic approach that would make sense to an IRS agent reviewing the case. For those who successfully resolved similar issues - approximately how much documentation did you end up submitting? I'm trying to get a sense of whether we're talking about a few pages or a thick packet of materials. I want to be thorough but also don't want to overwhelm them with unnecessary paperwork. Thanks again to everyone who shared their stories here. It's really reassuring to know this is solvable with the right approach!

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Chloe Martin

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Welcome to what I like to call the "IRS adjustment club" - nobody wants to be here, but the good news is that most of us figure it out! Your plan to start by contacting clients about their 1099 filings is exactly the right first step. I was in a very similar situation a few months ago and that's exactly what revealed the problem - two of my clients had never filed 1099s at all, and one had filed with an incorrect SSN. To answer your question about documentation volume, in my case I ended up submitting about 15-20 pages total. That included a 2-page cover letter explaining the situation, a 3-page spreadsheet matching deposits to invoices, and then supporting documents (bank statements, invoice copies, some email confirmations). It sounds like a lot, but most of it was just copies of records I already had. The key is being organized rather than overwhelming them with everything you can find. Focus on creating a clear narrative that shows: "Here's what I earned, here's proof I earned it, and here's why your records don't match mine." The IRS agents reviewing these cases see this stuff all the time, so they know what to look for. One tip that helped me - when you call your clients, ask them specifically if they filed 1099-NECs (not just "did you file my tax forms") because some small business owners get confused about which form is which. You've got a solid plan, just stick to that 30-day timeline!

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