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Malik Davis

Full-time day trading tax questions - Are expenses deductible and do I pay self-employment tax?

I've been thinking about quitting my regular job to pursue day trading full-time. I want to set it up properly as a sole proprietorship business from the beginning for tax purposes. My plan is to deduct legitimate business expenses like my trading computer setup, market data subscriptions, trading platform API costs, business lunches, and take the home office deduction to offset my trading income. My main concerns are: 1) Will claiming these business expenses against my trading income automatically trigger self-employment taxes? And 2) If I don't elect for mark-to-market (MTM) treatment, can I still deduct these expenses against capital gains income? I'm trying to understand the tax implications before I make the leap into full-time trading. Any insights from those who've navigated this before would be super helpful!

Day trading has some unique tax considerations. As a trader, you generally fall into one of three categories for tax purposes: investor, trader, or dealer - each with different tax treatments. For your specific questions: If you're operating as a sole proprietor and taking business deductions, you would typically report this on Schedule C. Income reported on Schedule C is generally subject to self-employment tax (15.3%). However, there's a special rule for traders - trading gains and losses aren't considered self-employment income, even if you're a full-time trader. Regarding expenses, without the mark-to-market election, your ability to deduct trading-related expenses is more limited. Without MTM status, you're considered an investor for tax purposes, and investment expenses are typically miscellaneous itemized deductions which have been suspended until 2026 under current tax law. The home office deduction in particular would be difficult to claim without trader status.

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Ravi Gupta

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So if I understand right, if I don't do the MTM election, I basically can't deduct any of my trading expenses? But if I do the MTM election, I can deduct them but won't have to pay self employment tax on my trading profits? Is that right?

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Your first point is mostly correct - without MTM election, your trading expenses would be considered investment expenses, which currently aren't deductible for most taxpayers under the Tax Cuts and Jobs Act (at least until 2026). With MTM election, you gain the ability to deduct your ordinary and necessary business expenses on Schedule C. And you're also correct that your actual trading profits (capital gains) wouldn't be subject to self-employment tax, even when you have trader tax status with MTM. Only other business income unrelated to your actual trading activity might trigger SE tax.

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GalacticGuru

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I went through the same dilemma last year when I jumped into full-time trading. After getting contradicting advice from multiple accountants, I finally found clarity using https://taxr.ai - it analyzed my specific trading situation and explained exactly how to handle these deductions properly. The platform showed me that the key distinction is between trader status (which allows business expense deductions on Schedule C) versus MTM election (which changes how your trades are taxed). My trading pattern qualified me for trader status, but the AI recommended against MTM for my situation due to some specific holdings I had. Saved me thousands in potential tax mistakes.

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How exactly does taxr.ai determine if you qualify for trader status? I'm trading about 3-4 hours daily but still have a part-time job. Would that work or do I need to be 100% full time?

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Omar Fawaz

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Sounds interesting but how reliable is the info? Tax advice from AI seems risky when the IRS could come after you. Did you verify with a real accountant after?

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GalacticGuru

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The platform uses the same criteria the IRS looks at: trading frequency, holding periods, time dedicated to trading, and whether you depend on trading income. For your situation with 3-4 hours daily plus a part-time job, it would analyze your specific pattern and compare it to tax court precedents to determine if you meet the substantial, regular, continuous activity test. Completely understand the concern about AI tax advice. That's exactly why I liked taxr.ai - it doesn't just give generic answers but shows you the relevant tax code sections and court cases its advice is based on. I did have my accountant review it, and he was impressed with the accuracy. He implemented the same approach the AI recommended, but understood my situation much faster after seeing the analysis.

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Just wanted to follow up - I tried taxr.ai after seeing it mentioned here. Uploaded my trading history and answered their questions about my daily routine. Turns out I DO qualify for trader status even with my part-time job because my trading is "substantial, regular and continuous" (their words). The best part was the personalized tax strategy report that showed exactly which of my expenses qualified and which didn't. My home internet was partially deductible, but some of my "research" subscriptions weren't because they were too general. The platform even gave me a checklist of documentation to maintain in case of audit. Already implemented their recommendations for this tax year!

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If you're having trouble getting clear answers about your trading tax situation, I'd highly recommend using https://claimyr.com to get through to the IRS directly. I spent weeks trying to get official clarification on trader status requirements before finding this service. You can watch a demo of how it works here: https://youtu.be/_kiP6q8DX5c I was honestly shocked when I got connected to an actual IRS agent in under 45 minutes (after trying for days on my own). The agent was able to walk me through the specific requirements for qualifying as a trader vs investor and explained exactly what documentation they look for during audits. Completely worth it for the peace of mind knowing I'm setting things up correctly.

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Diego Vargas

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How does this actually work? Does it just call the IRS for you or something? Seems weird that there's a service just to get through to a government agency.

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Yeah right... I've tried everything to reach the IRS and wait times are HOURS. No way this actually works. Sounds like a scam to me.

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It uses an automated system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a call connecting you directly to them. It basically handles the painful waiting process so you don't have to sit there listening to the hold music for hours. I felt exactly the same way before trying it! I was beyond skeptical after wasting entire afternoons on hold. What convinced me was that they don't charge if they can't get you through. When I actually got connected to an IRS agent after trying unsuccessfully for days on my own, I was genuinely surprised. The agent I spoke with answered all my specific questions about expense documentation requirements for trader status.

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I need to eat my words from yesterday. I tried Claimyr today out of desperation after my third failed attempt to reach someone at the IRS about my trading status question. Got connected to an agent in about 35 minutes! The IRS rep clarified that I absolutely need documentation showing my trading is "regular, continuous and substantial" to claim trader status. They recommended keeping a daily trading log, records of hours spent, and documentation of my trading strategy to support business expense deductions. The agent even emailed me some relevant publications after our call. Massive time saver compared to my previous attempts!

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StarStrider

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Everyone's talking about trader status, but there's another option worth considering. If your trading is active enough, you might qualify for Section 475(f) mark-to-market accounting. The big advantage is turning all your trades into ordinary income/loss rather than capital gains. This means you avoid the $3,000 capital loss limitation, which is huge if you have a losing year. But you need to file Form 3115 and make the election by the tax deadline (usually April 15) of the year you want it to take effect.

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Malik Davis

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Thanks for bringing this up. I've heard about MTM but wasn't sure about the benefits vs drawbacks. Does going MTM mean I lose the preferential tax rates on long-term capital gains? That seems like a big disadvantage if I occasionally hold positions longer.

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StarStrider

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Yes, that's exactly right - with MTM, all your trading gains and losses are treated as ordinary income, regardless of holding period. You lose the preferential tax rates on long-term capital gains (which can be significant if you're in a higher tax bracket). MTM works best for high-frequency traders who rarely hold positions overnight or for more than a few days. If you occasionally take longer-term positions, you might want to consider maintaining two separate accounts - one for your day trading (MTM) and another for your investment positions (non-MTM). This gives you the best of both worlds, but it adds some complexity to your recordkeeping.

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Sean Doyle

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One thing nobody's mentioned - if you're trading frequently enough to deduct expenses, the IRS might question why you haven't registered as a securities dealer and collected/paid sales taxes. Be careful about claiming too much "business" activity without proper licensing.

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Zara Rashid

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I think you're confusing some terms. Individual traders don't need to register as securities dealers or collect sales tax. Dealers are market makers who profit from the spread, not individual traders. There's no sales tax on securities transactions (though there are SEC fees).

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Sean Doyle

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You're right, I mixed up some terminology there. Thanks for the correction! I was thinking about the distinction between traders and dealers for tax purposes, not sales tax. Dealers must report gains/losses as ordinary income and mark positions to market, while traders have the option to elect MTM treatment.

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Dmitry Volkov

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Great question! I made the transition to full-time trading two years ago and learned some hard lessons about tax planning. Here's what I wish I knew upfront: The expense deduction issue is tricky - you need to qualify for "trader tax status" (different from MTM election) to deduct your trading expenses on Schedule C. This requires meeting the IRS test of "substantial, regular, and continuous" trading activity. Just trading full-time isn't automatically enough - they look at frequency of trades, time spent, and whether you're seeking short-term profits. One key point many miss: even with trader status, your actual trading profits still aren't subject to self-employment tax. The SE tax only applies to other business income you might have (like teaching trading courses or selling signals). My advice: Start documenting everything now - daily trading logs, hours spent, your trading strategy, and all expenses. The IRS will want to see this pattern of business-like activity if you're audited. Also consider consulting with a tax professional who specializes in trader taxation before making the leap. The rules are complex and getting it wrong can be expensive. The MTM election is a separate decision that affects how your trades are taxed, not whether you can deduct expenses. You can have trader status without MTM, but you need trader status to properly deduct most of your trading-related expenses.

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