Becoming legit IRS registered trader. Questions if you can help.

qlai said:
How do you think you request TTS qualification? Both individuals and entities start by sending 475(f) to IRS. IRS will look at your past tax returns to make determination (my assumption). What’s your understanding?

https://fairmark.com/investment-taxation/traders/mark-to-market-election-1/
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WRONG!

MTM election (IRS form 3115, change of accounting method) IS NOT required or necessary for TTS qualification. However TTS -is- required for making a valid MTM election.

Furthermore, TTS qualification must be met each tax year, whereas MTM accounting once accepted, remains valid until revoked by IRS... NOT qualified for TTS would be one reason for MTM to be revoked.
 
How exactly the TTS qualification process works then? Do you submit some form to IRS? You keep saying that I am wrong, but not explaining what the procedure is!
 
You are not answering my question. I provided a link to the two steps necessary to take for an entity:
1) Request 475(f)
2) Accountant needs to file form 3115

I am not aware of any additional actions required.
 
qlai said:
You are not answering my question. I provided a link to the two steps necessary to take for an entity:
1) Request 475(f)
2) Accountant needs to file form 3115

I am not aware of any additional actions required.
More...


Then in your case, the only remaining action is to file your tax return(s).
I wish you good luck in turning your capital gains and losses into earned income or ordinary business loss.

And btw... the 2 steps you mention MIGHT be the ONLY steps for YOUR entity, but that does NOT mean they are applicable to all entities. I trade through a TTS qualified S-corp. I trade section 1256 contracts (ie futures), which are by default, MTM at year-end.
 
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tiddlywinks,
I asked this in another thread but your reply here is relevant .

https://www.elitetrader.com/et/thre...longer-active-is-suspension-automatic.366045/



Assuming you applied for TTS and 475 MTM years ago and filed that way , but in the last few years have traded very little, and no longer legitimately qualify, would you be able to then file normally using Sched D , without the Form 4797 that you used under MTM

Or would there have to be some formal declaration in advance. Of course there is next to nothing in writing on the internet about this.

Only This reference which is a little vague, but implies that you could do this

https://greentradertax.com/new-irs-rules-allow-free-and-easy-section-475-revocation/
 
I have been filing "Trader Status" on my US Tax Returns for probably about 15 years now. I researched it then and there was no IRS "Official Process" to get declared as such nor were there any clear description of who would qualify. Also the IRS cases in their audits were contradictory. So I just declared myself as "Trader Status" ever year.

Here is how it works: I just file a Schedule C with occupation as a Trader and report Zero income. (Trading Gain or Loss is reported on Schedule D) but I claim my trader expenses for a net loss equal to sum of all my expenses. I detail the expenses in the "other expense category". I include computer expense, quote feeds, educational materials, tax return fees, IBD subscription, Internet feeds, etc. I claim anything that I can justify as related to my trading. It is up to the IRS to audit me and prove that I do not qualify. So far they have accepted it every year.
 
I daytrade so I do not have any open positions at the end of the year. However TDA always has a "wash sales number" in their tax year end tax information. I don't understand how they calculate it but I just report what they give me.
 
You make the MTM election by attaching a statement to your tax return. There are detailed instructions in IRS Publication 550 and in IRB 99-07, which I have attached.

The IRS does not respond. You don't get a letter saying you are "approved" as a trader. Doesn't work that way.

You make the election and file your taxes as a trader. That's it.

Until you get audited. Then you have to convince the IRS, based on all the facts and circumstances, that you are a trader.

And you may never get audited.

If you think you can somehow get a letter from the IRS that says you are a trader, then you don't understand the process. That's never going to happen.
 

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