Should I apply for trader tax status (TTS) as a crypto day trader? Tax implications?
I'm making pretty good money from my regular job, but most of my income this year has actually come from day trading cryptocurrency. I'm on track to make even more than I did in 2024. From what I understand, I probably qualify for trader tax status (at least based on the stock trading requirements), but I'm not 100% sure if the same rules apply to crypto trading. My 1099-NEC/MISC income from crypto is pretty minimal compared to my actual trading gains. I'm trying to figure out if applying for trader tax status in 2025 would be beneficial for me. I'm confused about a few key points: 1. If I get trader tax status, can I deduct Schedule C expenses from my crypto trading income? 2. Would I have to pay Social Security tax on these earnings? 3. Do cryptocurrency traders even qualify for trader tax status in the first place? Any help would be really appreciated! I want to make sure I'm doing everything right with my taxes and not missing out on potential benefits.
19 comments


Isabella Ferreira
Crypto taxation can be tricky! The IRS generally treats cryptocurrency as property, not currency, which means different tax rules apply compared to stock trading. For trader tax status (TTS), you need to meet several criteria: trading frequently and regularly (usually daily), seeking to profit from short-term market swings rather than long-term appreciation, and substantial time and money invested in trading. While most TTS rules were developed for securities traders, crypto traders can potentially qualify if they meet these same standards. If you qualify for TTS, you can indeed deduct ordinary and necessary business expenses on Schedule C. This includes home office, computer equipment, trading platform subscriptions, and education related to trading. This is a big advantage compared to being classified as an investor. Regarding Social Security tax, if you elect TTS, your trading profits would generally be subject to self-employment tax (which includes Social Security and Medicare taxes), unlike investor status where they wouldn't be. I'd recommend keeping extremely detailed records of your trades and time spent trading. The burden of proof for TTS falls on you if you're ever audited.
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Ravi Sharma
•Thanks for the info! Do you know if there's a minimum number of trades required to qualify for TTS? I've heard some people say you need at least 1,000 trades per year, but I've also heard others say the IRS doesn't have a specific number.
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Isabella Ferreira
•There's no specific minimum number of trades officially required by the IRS, though courts have generally looked for substantial activity. While 1,000+ trades per year can help strengthen your case, what's more important is consistency and frequency. Daily or near-daily trading activity throughout the year carries more weight than just the total number. The "substantial activity" requirement is more about demonstrating that trading is a serious business pursuit rather than a hobby or passive investment. Regular trading activity, significant time devoted to analysis and research, and a business-like approach (with records, separate accounts, etc.) are all factors that help establish TTS.
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NebulaNomad
After struggling with similar crypto tax questions last year, I found an amazing tool that helped clarify my situation. I was trying to figure out if I qualified for trader tax status with my mix of crypto and stock trading. I tried https://taxr.ai and it analyzed my trading patterns and gave me personalized guidance on whether I qualified for TTS based on my specific situation. What was really helpful was that it looked at my trading frequency, holding periods, and even helped me understand which expenses would be deductible if I qualified. The tool not only helped me determine my status but also explained how to properly document everything to support my claim if I got audited. It saved me from potentially making a costly mistake on my tax return.
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Freya Thomsen
•Does taxr.ai actually tell you if you specifically qualify for trader tax status? My accountant told me it's never a clear-cut yes/no answer and it's always a risk to claim it.
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Omar Fawaz
•I'm curious too - does it handle crypto specifically? The rules seem so different between traditional securities and cryptocurrency. Also, how does it handle the Mark-to-Market election that often goes with trader status?
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NebulaNomad
•It doesn't give you a simple yes/no answer because you're right, there's no clear-cut IRS rule on this. Instead, it analyzes your trading patterns against court cases where TTS was approved or denied and gives you a risk assessment based on your specific activity. For crypto specifically, it does handle this but with appropriate cautions. It distinguishes between different types of crypto activities (mining, staking, trading) and explains how each is treated. For Mark-to-Market elections, it walks you through the pros and cons based on your trading patterns and explains the deadline requirements and how to properly file Form 3115 if needed.
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Omar Fawaz
I was really skeptical about claiming trader tax status for my crypto trading, especially after hearing horror stories about audits. My CPA was conservative and advised against it, but I wanted a second opinion. I actually checked out https://taxr.ai after seeing it mentioned here, and it helped me understand that my trading patterns (300+ trades per day across multiple exchanges) did qualify me for TTS. The analysis showed I had strong evidence to support my claim and outlined exactly what documentation I needed to keep. After getting this clarity, I discussed it again with my CPA, who agreed the evidence was strong in my case. I claimed TTS last year, deducted about $14,000 in legitimate expenses, and managed to save nearly $5,000 in taxes. The best part was feeling confident I was on solid ground if ever questioned by the IRS.
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Chloe Martin
I spent WEEKS trying to get through to someone at the IRS who could answer my questions about trader tax status for crypto. I'd call, wait on hold for hours, and either get disconnected or speak with someone who couldn't help with my specific situation. After multiple failed attempts, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. Basically, they wait on hold with the IRS for you, then call you when an agent is on the line. I was skeptical but desperate. It actually worked! They got me connected with an IRS tax specialist who helped clarify several points about trader tax status requirements for cryptocurrency traders. I learned that while crypto is considered property, the same basic TTS requirements apply as with securities trading. The agent also explained the documentation I'd need if I were ever audited. Saved me countless hours of frustration and I finally got the answers I needed directly from the IRS.
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Diego Rojas
•Wait, this sounds too good to be true. You're saying this service actually gets you connected to a real IRS agent? How does that even work? The last time I tried calling the IRS, I gave up after being on hold for 2 hours.
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Anastasia Sokolov
•I don't buy it. The IRS doesn't give specific tax advice like that, especially on complex issues like trader tax status where there's no clear guidance. They'd just tell you to consult a tax professional. I think you're making this up.
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Chloe Martin
•The service works exactly how I described - they use a system that waits on hold for you, then calls you when they reach a human at the IRS. It's not magic, it's just taking the hold time off your hands. You're partially right about tax advice - the IRS agent didn't give me definitive advice about my specific situation or tell me whether I qualified. What they did do was clarify the general requirements the IRS looks for when evaluating trader tax status claims and confirm that cryptocurrency trading is evaluated using similar standards to securities trading. They also pointed me to specific publications and guidelines that address my questions.
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Anastasia Sokolov
I owe everyone here an apology. After calling out that Claimyr service as fake, I decided to try it myself since I had some questions about my crypto staking income that I'd been trying to get answered for months. I was absolutely shocked when they actually connected me to an IRS agent within a day. The agent helped me understand how the IRS is currently treating different types of crypto income, including staking rewards. While they couldn't give me specific advice about trader tax status (they did say that's something that depends on individual circumstances), they confirmed that cryptocurrency traders can potentially qualify for TTS if they meet the same standards applied to securities traders. I've completely changed my mind about this service. For anyone struggling to get through to the IRS with crypto tax questions, it actually does work as advertised.
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StarSeeker
One thing nobody's mentioned yet - if you do qualify for trader tax status, consider making the mark-to-market election on your taxes. This lets you deduct net losses against ordinary income without the $3,000 capital loss limitation. But be careful! The mark-to-market election is irrevocable without IRS permission. And you have to make it by the tax filing deadline of the previous year (so for 2025, you'd need to elect by April 15, 2025). Many crypto traders miss this deadline and lose the opportunity. Also worth noting: wash sale rules don't apply with mark-to-market, which is huge for crypto traders who frequently trade the same coins.
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Sean O'Donnell
•Does the mark-to-market election affect how your gains are taxed? I'm currently paying short-term capital gains rates on my crypto trades (basically ordinary income), but would that change with MTM?
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StarSeeker
•With mark-to-market accounting, your gains and losses will still be treated as ordinary income, similar to short-term capital gains, so your tax rate itself wouldn't change from what you're currently paying. The big advantage comes on the loss side, where you can deduct all trading losses against other income without being limited to the $3,000 capital loss cap. Another significant benefit is avoiding the headache of tracking specific identification of lots for each transaction, which can be extremely complicated with frequent crypto trading.
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Zara Ahmed
I tried claiming trader tax status for my crypto trading in 2023 (was doing 50+ trades daily) and got audited. The IRS initially rejected my TTS claim, but I appealed with documentation showing: 1. My trading schedule (8+ hours daily) 2. Analysis software I purchased 3. Separate business accounts for trading 4. Trading journal with strategies They eventually accepted my TTS claim! Key points from my experience: - Documentation is EVERYTHING - They scrutinized my holding periods (anything held >30 days counted against me) - Having a formal business structure helped (I had an LLC) - They wanted to see I was trying to profit from short-term market movements, not just buying dips Hope this helps someone! The tax savings were substantial, but be prepared to defend your position.
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Luca Esposito
•This is super helpful! Did you use a tax attorney during the audit or handle it yourself? I'm worried about the cost of defending a TTS claim if I get audited.
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Alexis Renard
•I handled most of it myself initially, but when the IRS pushed back hard on my TTS claim, I hired a tax attorney who specializes in trader tax issues. Cost me about $3,500 total, but considering I saved over $8,000 in taxes that year, it was absolutely worth it. The attorney was crucial for the appeal - they knew exactly what documentation the IRS needed to see and how to present my case. They also helped me understand that having some longer-term holdings wasn't automatically disqualifying as long as the majority of my activity was clearly short-term trading. My advice: if you're claiming TTS and making significant money from trading, budget for potential audit defense costs. The peace of mind is worth it, and a good tax attorney can often negotiate a better outcome than you could on your own.
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