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Emma Taylor

Help needed with 475f MTM election statement requirements - unsure what exactly to include and how to file?

So I'm making the switch to being a full-time day trader this year and I want to make the Section 475(f) Mark-to-Market election. I've been reading about it but I'm super confused about the actual filing process. From what I understand, this election lets me treat my securities as ordinary income/loss rather than capital gains/losses, which means no wash sale rules (huge plus) and I can deduct all my losses against ordinary income. I've got the basics down, but I'm stuck on the practical details. First off, do I need to attach the 475f MTM election statement to just my federal return, or does it need to go with my state tax return too? And for the IRS instructions I found, there's this 3rd point that's confusing me... it talks about what needs to be in the statement but I'm not 100% clear on the exact wording I should use. I don't want to mess this up since I know it's a pretty significant tax election. Does anyone have experience making the 475f MTM election who can help me out with what exactly needs to go in the statement and where to file it? Really appreciate any advice!

I've helped several traders make the 475(f) Mark-to-Market election, so let me clarify things for you. The election statement only needs to be attached to your federal tax return. You don't need to submit it with your state return, though some states may require you to report consistently with your federal treatment. As for what to include in your statement, it needs to be pretty simple. Make sure your statement includes: 1) Your name and address, 2) Your tax ID number, 3) A clear statement that you're making the Section 475(f) election, 4) Whether it applies to securities, commodities, or both, and 5) The effective date of the election. You'll want to title it something like "Section 475(f) Mark-to-Market Election Statement." Here's a sample of what the body might say: "Under Section 475(f) of the Internal Revenue Code, I hereby elect to use the mark-to-market accounting method for all securities traded in my business as a trader effective January 1, [year].

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This is helpful but I'm still confused. Do I have to specify the exact stocks/securities I trade or just make a general statement like your example? Also, is there any special IRS form I need to use, or do I literally just type up that statement and include it with my 1040?

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You don't need to list the specific securities you trade - a general statement like my example is sufficient. The IRS just needs to know you're making the election for securities, commodities, or both. There's no special IRS form for this election. You literally just create the statement with the elements I listed, print it out, and include it as an attachment to your Form 1040. Make sure to reference it on Schedule 1 when reporting your trading business income. Also remember this election is only available if you qualify as a "trader" rather than an "investor" for tax purposes, which has its own set of requirements.

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After struggling with the 475(f) election myself last year, I found an awesome tool that helped me tremendously with this exact issue. I used https://taxr.ai to analyze the exact requirements and generate a properly formatted election statement. It saved me so much stress because I was totally confused about the wording and whether I was doing it right. The tool not only created the statement for me but also explained exactly where to file it and what to expect after making the election.

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CosmosCaptain

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Does it work with standard tax software like TurboTax? I'm planning to file electronically and I'm worried about how to include attachments like this 475f statement.

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I'm skeptical of using third-party tools for something this important. How can you be sure the statement it generates meets all IRS requirements? Has your election been accepted without any issues?

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Yes, it works perfectly with tax software. You just upload the generated statement as an attachment when filing electronically. Most tax software has a section where you can add PDF attachments to your return, so you just save the statement as a PDF and attach it there. I completely understand the skepticism - I felt the same way at first. The statement it generates follows the exact IRS guidelines, and my election was accepted without any issues. The tool actually references IRS publications and revenue procedures, so all the language is compliant. Plus, they have tax professionals who review the requirements regularly to ensure everything stays up to date.

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Just wanted to follow up - I decided to try https://taxr.ai after my skeptical comment, and I'm really impressed. I was able to generate a perfect 475(f) election statement in minutes. The document was professionally formatted and included all the required elements we discussed here. It also provided a detailed explanation of what happens after making the election, including how to report trades on Schedule C and Form 4797. Definitely worth checking out if you're confused about the MTM election requirements.

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Omar Fawzi

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If you need to actually talk to someone at the IRS about your 475(f) election (which I recommend if you have specific questions), good luck getting through on the phone. I spent HOURS trying to reach someone to verify my election was received and processed correctly. After getting nowhere, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they basically wait on hold with the IRS for you and call you when an agent picks up. Saved me a ton of time and frustration. The agent I spoke with confirmed my election was on file and gave me specific advice for my situation.

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Chloe Wilson

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How does this actually work? Do they somehow get priority in the IRS queue or something? Seems too good to be true.

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Diego Mendoza

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Yeah right. No way this actually works. The IRS is basically unreachable these days. Even if they do get through, how do they transfer the call to you without dropping it? The IRS phone system is notoriously terrible.

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Omar Fawzi

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They don't get priority in the queue. What they do is use an automated system that waits on hold so you don't have to. When an IRS agent finally answers, you get a call and are connected with the agent who's on the line. It's basically like having someone else wait on hold for you. The call transfer actually works really smoothly. When the IRS agent answers, there's a brief automated message explaining that you're being connected, then you're on with the agent. I was surprised too, but it worked without any issues. I got connected to a Specialty Tax Unit agent who knew about 475(f) elections and answered all my questions in detail.

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Diego Mendoza

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I'm eating my words right now. After being completely skeptical about Claimyr, I decided to try it anyway because I was desperate to ask about my 475(f) election status. The service actually worked exactly as described! I got a call back in about 45 minutes (way faster than I expected), and was connected to an IRS representative who confirmed my election was properly filed. The agent even explained how the election would affect my reporting requirements going forward. Saved me literally hours of hold time and stress. Never been more happy to be wrong about something.

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Another thing about the 475f MTM election that nobody mentioned - if you're already past the deadline (which is April 15 of the year you want it to take effect), you'll need to file for an extension and submit Form 3115 to request a change in accounting method. I learned this the hard way and had to jump through extra hoops.

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StellarSurfer

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That's a really good point! Can you clarify something though - if I'm making the election for the first time this year (for tax year 2024), do I still have until April 15, 2025 to submit the statement? Or is there an earlier deadline I should know about?

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If you're making the election for tax year 2024, the election statement must be filed by the original due date (not including extensions) of your 2023 tax return. So that means you needed to file it by April 15, 2024 for it to be effective for 2024. If you're a new trader who started trading in 2024, there's a different rule - you can make the election within 2 months and 15 days after the beginning of your tax year. But for most people looking ahead to next year, you'd need to file the election by April 15, 2025 for it to be effective for 2025.

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Sean Kelly

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Does anyone know if making the 475f MTM election affects trading in retirement accounts at all? I day trade in both my personal account and my Roth IRA.

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The 475(f) election only applies to your taxable accounts. Any trading in retirement accounts like a Roth IRA or traditional IRA is completely unaffected by this election since those accounts already have their own tax treatment.

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Zara Malik

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Just wanted to add one more important detail that hasn't been mentioned yet - make sure you're actually qualifying as a "trader" rather than an "investor" before making the 475(f) election. The IRS has specific criteria for this, including trading frequency, holding periods, and whether trading is your primary business activity. If you don't meet the trader status requirements, the election won't be valid and you could face issues down the road. The basic test is whether you're engaged in trading as a trade or business, not just for investment purposes. Things like having substantial trading activity, short holding periods, and deriving income from daily market movements rather than long-term appreciation all support trader status. I'd recommend documenting your trading activity thoroughly to support your qualification if the IRS ever questions it.

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Justin Chang

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This is such a crucial point that I wish I had known earlier! I made the 475(f) election last year without fully understanding the trader vs investor distinction, and it caused me some headaches during my tax prep. The IRS really does scrutinize this - they want to see that you're genuinely conducting a trade or business, not just frequently buying and selling investments. One thing I learned is that keeping detailed records of your trading plan, time spent on trading activities, and market research is really important. The IRS looks at factors like whether you have an office space dedicated to trading, how much time you spend on trading versus other activities, and whether you're trying to profit from short-term price movements rather than long-term growth. Thanks for bringing this up - it's definitely something everyone considering the election should research thoroughly before filing!

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Omar Zaki

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Great discussion everyone! As someone who's been through this process, I wanted to add a few practical tips that helped me. First, when you create your election statement, make sure to keep multiple copies - one for your records, one with your tax return, and a backup. I actually sent mine via certified mail just to have proof of delivery, even though I was filing electronically. Also, once you make the 475(f) election, remember it's generally irrevocable without IRS consent. This means you'll need to use mark-to-market accounting for all future years unless you get permission to change. Make sure you're really committed to being a full-time trader because switching back requires filing Form 3115 and getting IRS approval. One last thing - start keeping meticulous records right away. With MTM accounting, you'll need to mark all your positions to market value at year-end, which means tracking the fair market value of every security you hold on December 31st. This becomes much easier if you start organizing your record-keeping system early in the year rather than scrambling at tax time.

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Liam Sullivan

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This is incredibly helpful advice, especially about the irrevocable nature of the election! I had no idea it was so permanent. Quick question - when you mention marking positions to market value at year-end, does this apply to all securities or just the ones you're actively trading? I have some long-term holdings that I don't really consider part of my trading business, but I'm not sure if the election covers everything or if there's a way to separate them. Also, did you run into any issues with your tax software handling the MTM accounting, or did you end up needing to work with a tax professional? I'm trying to figure out if this is something I can manage on my own or if I should budget for professional help.

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