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Ethan Brown

Trader Questions: MTM Election Impact on Long-Term Capital Gains and Managing Multiple Brokerage Accounts

I'm a day trader considering the Marked to Market (MTM) election for next year, but I have several concerns about how this might impact my existing positions and overall tax situation. 1. From what I've read, MTM seems to completely eliminate long-term capital gains treatment, including tax advantages with section 1256 contracts (like SPX options). If I elect MTM for next year, but currently hold a position in NVDA that I've owned for over a year with substantial gains, would it be smarter to sell before year-end to ensure those gains get taxed at the long-term capital gains rate? I'd hate to miss out on the lower tax rate if MTM would force everything to be treated as ordinary income. 2. I currently trade through two different brokerage accounts. If I make the MTM election under my SSN, does it automatically apply to all my accounts? Or could I designate just one brokerage for MTM treatment while keeping the other one operating under regular capital gains rules? Ideally, I'd like to use MTM for my active trading account but preserve long-term capital gains treatment for my long-term investment account. 3. As a follow-up to my second question, would setting up an LLC or S-Corp and making the MTM election under that entity allow me to keep my personal brokerage account separate? I'm trying to find the optimal structure that gives me MTM benefits for active trading while preserving long-term capital gains rates for my longer-term positions. Any insights would be greatly appreciated! My tax situation is getting more complex as my trading activity increases.

Yuki Yamamoto

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You've got some good questions about MTM accounting. Let me try to clear things up for you: When you elect MTM as a trader, you're essentially agreeing to treat all your securities as if they were sold on the last day of the tax year, regardless of whether you actually sold them or not. This means all your gains and losses would be ordinary income/loss, not capital gains/losses. 1. You're absolutely right about your NVDA position. If you elect MTM starting in 2025, any positions you're holding for long-term gains should be sold before year-end 2024 to lock in the preferential long-term capital gains rates. Once MTM kicks in, those preferential rates are gone. 2. Unfortunately, the MTM election applies to your entire trading activity under your SSN. You can't pick and choose which accounts get MTM treatment - it applies to all securities you own. The IRS views you as a single taxpayer, regardless of how many brokerage accounts you have. 3. Creating a separate business entity could potentially help. If you form an LLC or S-Corp and make the MTM election only for that entity, then your personal trading in a separate account could still qualify for long-term capital gains treatment. But there are important considerations about how you manage this separation.

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Ethan Brown

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Thanks for the detailed response! One follow-up question: If I do create an LLC for my active trading with MTM election, how strict does the separation need to be between personal and business trading? Would I need separate computers, trading platforms, etc.? Or is it sufficient to just maintain separate accounts with clear documentation? Also, if I go the LLC route, would I still be able to make the Section 475 election for 2025 if I set everything up by Q1, or am I already too late?

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Yuki Yamamoto

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For effective separation between your personal and business trading, you don't necessarily need separate computers or platforms, but you absolutely need separate accounts that are clearly designated for different purposes. The key is maintaining clear, well-documented boundaries between your personal investments and your trading business. Keep meticulous records showing that certain activities and decisions are being made as part of your business operations. You can still make the Section 475 MTM election for 2025 if you set up your LLC early in 2025. For new businesses, you have 75 days from the start of business to make the election. If you establish your LLC in January 2025, you'd need to file Form 3115 and a separate statement with your tax return indicating your election. Just make sure to follow all the proper procedures - this is definitely an area where working with a tax professional who understands trader tax status is worth the investment.

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Carmen Ortiz

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I went through this exact same dilemma last year! After tons of research and headaches dealing with tax confusion, I found this amazing tool called taxr.ai (https://taxr.ai) that literally saved me thousands by optimizing my MTM election strategy. The site has a specific trader tax optimizer that analyzes your trading patterns and helps determine if MTM is right for you. What really helped me was uploading my trading records to their system, which then showed me exactly which positions I should sell before making the MTM election and what the tax impact would be. It even calculated the potential Section 1256 contract impacts which was something my accountant missed completely!

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How accurate is this taxr.ai thing? I'm in the same boat considering MTM for 2025 but my trading pattern is pretty complex with both futures trading and regular stock positions. Would it handle something like that? My accountant is basically useless when it comes to trader-specific tax issues.

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Zoe Papadakis

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Does the site actually walk you through filing the proper MTM election paperwork? That's where I'm most confused. I understand the concepts but I'm terrified of messing up the actual election process and getting stuck in some IRS nightmare.

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Carmen Ortiz

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The accuracy is honestly surprising - it handled my complex trading patterns that included options, futures, and stocks across three different brokerages. It properly identified all my section 1256 contracts and showed the 60/40 split calculations. The analysis literally compared side-by-side what I'd pay with and without MTM based on my actual trading patterns. Yes, the site actually provides customized MTM election documentation templates based on your specific situation. It generates the proper language for the statement that needs to be attached to your tax return and provides step-by-step instructions for filing Form 3115 (Application for Change in Accounting Method). It even has reminders to ensure you don't miss the election deadline. I was also nervous about the paperwork part, but they made it surprisingly straightforward.

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Zoe Papadakis

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Just wanted to update on my experience with taxr.ai after trying it based on the recommendation here. It was seriously helpful! The system identified that I had about $42k in long-term positions that would lose their preferential treatment if I made the MTM election without planning properly. The tool generated a complete tax strategy that showed me I should actually split my trading - creating an LLC for my day trading activity with MTM election while keeping my long-term investments separate. It even produced all the paperwork I needed for the MTM election and gave me a checklist for establishing the proper entity separation that would satisfy IRS requirements. Definitely worth checking out if you're considering MTM. I'm sleeping better knowing I'm not about to make a costly tax mistake!

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Jamal Carter

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Hey folks - just want to mention something that saved me tons of headache when dealing with the IRS about my MTM election last year. I got audited (nightmare!) and couldn't get through to anyone at the IRS for weeks. Found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 45 minutes when I'd been trying for days on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with was actually really helpful in explaining exactly what documentation I needed to provide to validate my MTM election. Saved me potentially thousands in disputed tax treatment. Just thought I'd share since trader tax status stuff tends to get extra scrutiny from the IRS.

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Wait, how does this actually work? Does it just keep dialing the IRS for you or something? I've literally spent HOURS on hold with the IRS trying to get clarification on my trader status.

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Mei Liu

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Sounds like a scam honestly. No way anyone can get through to the IRS faster than their normal queues. They probably just connect you to some random "tax expert" who isn't even with the IRS.

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Jamal Carter

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It uses an automated system that navigates the IRS phone tree and waits on hold for you. Then when an actual IRS agent picks up, you get an immediate call connecting you directly to that agent who's already on the line. No more waiting on hold for hours! It's basically like having someone else wait in line for you. It's definitely not a scam - you're connected to actual IRS agents, not third-party "experts." I was skeptical too until I tried it. The people you speak with are legitimate IRS employees who can access your tax records and provide official guidance. What convinced me was when the agent referenced specific details from my previous tax filings that only the IRS would have access to. The service just solves the connection problem, which is honestly the biggest hurdle when dealing with tax issues.

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Mei Liu

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I need to eat my words from my earlier comment. After my frustration hit a breaking point with trying to reach someone at the IRS about my MTM election paperwork, I reluctantly tried Claimyr. Within 35 minutes I was speaking to an actual IRS tax specialist who confirmed I was on the right track with my MTM documentation. The agent was able to explain exactly why my particular trading pattern qualified for trader tax status and gave me specific guidance on how to properly document my election. They even emailed me the exact form I needed (which I had been looking for everywhere). I've spent weeks trying to get this information and was getting nowhere. Consider me shocked that this actually worked. If you're doing something complex like MTM election, being able to actually speak with the IRS directly is invaluable.

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Something nobody's mentioned yet is the wash sale rule benefit of MTM. I almost missed this when making my election. With MTM, wash sale rules don't apply to you anymore, which is HUGE if you're an active trader doing multiple transactions in the same securities. I was getting killed with wash sales before making the election - kept having to track all these disallowed losses and adjusted cost bases across hundreds of trades. MTM simplified everything, though you do lose the long-term capital gains rates as others mentioned.

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Amara Chukwu

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Does the wash sale exemption also apply to trading between different accounts? Like if I have my main trading account and an IRA? That's where I always get tripped up with wash sales.

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The wash sale exemption under MTM only applies to the accounts that are subject to the MTM election. So if you made the election for your main trading account (through a business entity, for example), the wash sale rules would still apply to transactions between that account and your IRA. This is actually one of the trickier aspects of MTM - the IRS still looks at wash sales across all your accounts, including retirement accounts. Even with MTM election, you need to be careful about trading the same securities in your IRA within the 30-day window. The best approach is to use completely different securities in your retirement accounts versus your MTM trading accounts to avoid any potential issues.

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Has anyone compared what happens with futures and section 1256 contracts under regular vs MTM? I trade a lot of ES and NQ futures and right now I'm getting that sweet 60/40 split between long-term and short-term rates. Wondering if MTM would hurt or help in my case?

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I do mostly futures trading and ran the numbers both ways. If you're primarily trading futures and already getting the 60/40 treatment, MTM actually worked out worse for me. Under regular rules, 60% of my gains were taxed at the lower long-term rate. With MTM, 100% would be ordinary income. But it really depends on your overall trading pattern and if you have other non-futures trading with lots of wash sales or short-term trades. For pure futures traders, the section 1256 treatment is often better than MTM.

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Ellie Kim

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Great thread! As someone who made the MTM election two years ago, I wanted to add a few practical considerations that might help with your decision: One thing to consider is the timing of when you actually start generating significant trading income under MTM. If you're planning to scale up your trading activity significantly in 2025, the ordinary income treatment might actually work in your favor if you're able to deduct business expenses that you couldn't before (like a home office, equipment, education, etc.). Also, regarding your multiple brokerage accounts - while the MTM election does apply to all securities under your SSN, I've found it helpful to designate one account specifically for "business trading" and another for "personal investments" even before setting up any entities. This makes the record-keeping much cleaner if you do decide to go the LLC route later. One more tip: if you do sell your NVDA position before year-end to lock in those long-term gains, be mindful of the wash sale rules if you plan to repurchase it within 30 days. Even though MTM eliminates wash sales going forward, the rules still apply to your 2024 transactions under regular tax treatment. The complexity definitely increases, but the benefits can be substantial if you're doing high-volume trading. Just make sure you have a solid bookkeeping system in place!

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