What's that special tax code for day traders that saves you money?
I've been hearing about some special tax code or designation you can use when filing taxes if you're a day trader that supposedly saves you a bunch of money. Been options trading pretty much full time for the last 14 months and I'm starting to make decent money with it (finally!). I also do some consulting gigs on the side to keep cash flowing when the market isn't cooperating. Anyone here know what this tax code thing is all about? What exactly does it do? I tried Googling but got a bunch of generic tax advice articles that didn't really explain the specific code or whatever I'm supposed to use. I'm starting to get organized for next year's taxes early since this will be my first full year as a trader, and I want to make sure I'm optimizing everything correctly. Thanks for any wisdom you all can share!
21 comments


Luca Ricci
What you're probably hearing about is the "Trader Tax Status" or "Mark-to-Market" (MTM) election under Section 475(f) of the tax code. It's not really a code you enter, but a special tax status you can elect that comes with specific benefits for active traders. The main advantages include: 1) You can deduct all your trading losses against ordinary income (not limited to the $3,000 capital loss limit), 2) You avoid wash sale rules that can complicate your tax situation, and 3) You can deduct more business expenses related to your trading. To qualify, you need to be trading substantially, regularly, continuously, and in meaningful volume. The IRS doesn't have specific thresholds, but generally, you should be making hundreds of trades per year, trading frequently throughout the year, and dedicating significant time to trading.
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Aisha Mohammed
•So is this something I need to specifically file for? And is there a deadline? I probably did about 200 trades last year, is that enough?
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Luca Ricci
•Yes, you need to make this election formally. For new traders, you need to file an election statement with your tax return (or request an extension and attach the statement) by the original due date (typically April 15). For existing traders, you need to file by April 15 of the year you want the election to be effective. Regarding your trading volume, 200 trades might be sufficient, but the IRS looks at the overall pattern. They consider frequency, volume, holding periods, time dedicated to trading, and whether you depend on trading income. It's not just about the number of trades but your overall trading activity and business approach.
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Ethan Campbell
This changed my tax situation completely! I was drowning in tax paperwork as a day trader until I found taxr.ai (https://taxr.ai). Their system actually recognized I qualify for trader status and saved me thousands. It scanned all my trading documentation and identified exactly how to make the Section 475 election properly. The best part was it sorted through my hundreds of trades and categorized everything correctly - which my previous accountant kept messing up. They even explained which expenses from my home office I could legitimately deduct as business expenses.
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Yuki Watanabe
•Does it actually help with determining if you qualify for trader status? My CPA seemed really uncertain about whether I meet the criteria and I don't want to get audited.
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Carmen Sanchez
•I'm suspicious of these tax tools for traders. How does it handle wash sales if you have trading accounts at multiple brokerages? That's where I always get tripped up.
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Ethan Campbell
•It absolutely helps determine if you qualify. It analyzes your trading frequency, patterns, holding periods, and other factors the IRS considers when determining trader status. Then gives you a qualification score with specific recommendations to strengthen your case if you're borderline. For multiple brokerage accounts, that's actually where it shines. It consolidates all your trading data across platforms and identifies wash sales automatically. I had accounts with three different brokers and it found wash sale issues that would have cost me thousands in deductions. Then it shows you exactly how to properly report everything to avoid IRS flags.
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Yuki Watanabe
Just wanted to follow up - I checked out taxr.ai after posting here and I'm honestly shocked at the difference it made. It analyzed my trading patterns and confirmed I could qualify for trader status with some small adjustments to my trading frequency. The system flagged that I was holding some positions too long (over 30 days) which could weaken my trader status case. I've adjusted my strategy and now have documentation to support my election. It also found over $8,700 in deductions I was missing from my home office setup and subscription services. My tax bill dropped by almost 40%!
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Andre Dupont
If you're serious about trader status, you absolutely need to get the IRS on the phone to confirm your specific situation. I spent 4 days trying to get through to someone knowledgeable about Section 475(f). Finally used Claimyr (https://claimyr.com) and got connected to an actual IRS tax specialist in 20 minutes instead of waiting on hold forever. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly what documentation I needed to maintain to support my trader status election. Turns out I was doing several things wrong that could have triggered an audit. Getting clear guidance directly from the IRS was game-changing for my confidence in filing correctly.
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Aisha Mohammed
•Wait how does that even work? The IRS never answers their phone. Is this legit or some kind of scam?
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Zoe Papadakis
•Yeah right. I've tried calling the IRS for THREE YEARS about my business tax questions. No way you got through in 20 minutes. They don't even have specialized agents who know about trader status.
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Andre Dupont
•It's completely legitimate. Claimyr uses a system that navigates the IRS phone tree and waits on hold for you. When an agent picks up, you get a call and are connected immediately. The technology essentially waits in the phone queue for you so you don't have to. The IRS absolutely has specialists who understand trader tax status, but you need to get to the right department. The agent I spoke with had handled dozens of Section 475(f) elections and was able to clarify exactly what records I needed to maintain to support my case if I ever got audited. They also explained how the "substantially" requirement is interpreted internally, which was incredibly valuable information I couldn't find anywhere online.
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Zoe Papadakis
I'm back and need to eat my words. After my skeptical comment, I decided to try Claimyr out of desperation. Got connected to an IRS business tax specialist in about 45 minutes (still WAY faster than my previous attempts). The agent confirmed that my trading pattern (about 15-20 trades per week) would likely qualify me for trader status, but advised me to increase my documentation around time spent researching and analyzing trades. Apparently that's a major factor they look at during audits. She also clarified that my consulting income needs to be reported separately from my trading business. I was about to make a huge mistake by combining them! This single call probably saved me thousands in potential penalties.
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ThunderBolt7
Make sure you talk to a tax professional who specializes in trader taxes. I thought I qualified for trader status last year, filed for it, and wound up getting audited because I didn't meet the criteria. Cost me a fortune in back taxes and penalties. The key things they looked at were: - Trading frequency (I was only doing about 5-8 trades per week) - Holding periods (I held some positions for weeks) - Time dedicated (I wasn't tracking my research and analysis time) Now I keep a detailed log of all my trading activities, including research time, and make sure I'm hitting at least 15-20 trades weekly with shorter holding periods.
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Nia Williams
•That's super helpful, thanks. How do you track and document your research time? Do you just keep a spreadsheet or something more formal?
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ThunderBolt7
•I use a simple time-tracking app that I start whenever I'm doing market research, watching financial news, analyzing charts, or reading about potential trades. Each entry gets tagged with the specific activity and related securities when applicable. I also take screenshots of my analysis and save them with timestamps. My tax advisor said having this level of documentation makes a huge difference if you get questioned. The IRS wants to see that trading is more like a job than a hobby. One more tip - keep a separate trading account that's never used for personal investments. Any personal long-term holdings should be in a completely different account.
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Jamal Edwards
Has anyone tried filing for trader status themselves or do most people use a CPA? I use tax software for everything else but not sure it can handle this.
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Mei Chen
•I tried doing it myself with TurboTax and it was a disaster. Ended up hiring a CPA midway through. The software doesn't really guide you through the election process properly, and there are a ton of forms and schedules involved.
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Liam O'Sullivan
•I actually did it successfully with H&R Block's premium online version. It was tricky, but they have a section specifically for business income that worked for reporting trader status. You need to file Schedule C for your trading business expenses and then make the Section 475(f) election with a separate written statement. The key is reporting it as a business, not just investment income.
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Amara Okonkwo
If you're options trading, make sure you understand the special tax treatment for different types of options. Cash-settled index options (like SPX) are taxed as 60% long-term/40% short-term regardless of holding period under Section 1256. Regular equity options don't get this treatment. Some traders actually use a mix of Section 1256 contracts and regular options specifically for tax advantages. Might be worth looking into alongside the trader status election.
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Giovanni Marino
•This is super important! I trade both SPX options and individual stock options, and the tax difference is huge. My SPX gains automatically get preferential tax treatment. Saved me about $11,000 last year by shifting more of my trading to index options.
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