Exemption 475 - Daytrade & Swings OK?

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fishindamarket

Is anyone familiar with MTM Exemption 475 and if you still qualify if you have Swing Trades longer than 30 days in an account that you also day trade and are trying to qualify for MTM / 475?

I know swing trades under 30 days and day trades is what qualifies you (based on # made per day), but i have an account that has margin / DTBP so i have a good amount of DTBP to day trade which is what is the majority of my trades.

I'm holding 5-6 long term positions that would be over 30 day swing (some 2-4 years) so wondering if holding these disqualifies me from 475 or will they look at overall dollar value traded per day based on dollar value of my long term positions?
 
Does anyone know how this works for my above questions?
@Robert Morse ?
If i have some long term swing positions that i hold for longer than 30 days, and not going to sell EOY 2022 do those get 'sold' at the price on Dec 31 EOD like if i was day trading them?

As i understand it your positions for Exemption 475 MTM at the last trading day of December are counted as that closing price for your year end P/L even if they aren't sold, is that right?
 
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