How Day Traders Can Reduce Taxes - SmartAsset (2024)

Day trading can be a fulfilling and lucrative career. If you know what you’re doing, you can make a serious chunk of change. But with every financial success comes everyone’s favorite consequence: taxes. So how do day traders avoid taxes, or at least reduce them? There are a few different methods that you can use if you’re day trading to reduce your total tax bill. If you don’t want to leave things to chance, or just don’t want to worry about your tax obligations, consider hiring a financial advisor who can manage it for you.

What Is the Capital Gains Tax?

If you’re a successful trader, you’re going to have to pay on your earnings. Any profit you earn selling an investment could be subject to what is called thecapital gains tax.So if you buy a stock for $20 and sell it for $25, you have $5 in capital gains that will be taxed.

Capital gains are taxed at different rates depending on how long you held the investment, also known as short-term and long-term rates. If you buy an asset and sell it within a year of buying it and your profit, you’re taxed at the short-term rate. Essentially, the profit is added to your yearly income and taxed at the same rate as your income. Depending on your tax bracket, short-term capital gains are taxed at 10% – 37%.

Long-term capital gains are profits you collected after selling an investment you held for over a year. These are taxed at a lower rate of 0% – 20% depending on your income. Now that we’ve defined capital gains tax, we can break down what it means to be a trader, so you can take full advantage of the IRS system.

What it Means to Be a Trader

Some people might consider themselvesday traders but they may not qualify as one under the IRS rules. To be considered to be a trader by the IRS, you must meet three criteria:

  1. Seek profits in daily market movements from securities, not from dividends, interest or capital appreciation.
  2. Engage in substantial activity.
  3. Carry on the activity and regularity.

Buy-and-hold investingisn’t considered trading to the IRS. Traders must be active, making multiple trades a day, and usually holding securities for a shorter period. The tax status of a “trader” requires a lot of work, as well as a lot of money. The IRS will expect you to be making trades, as well as having substantial funds for trading.

The Mark-To-Market Method

The first way day traders avoid taxes is by using the mark-to-market method. This method takes advantage of the ability of day traders to offset capital gains with capital losses.Investors can get a tax deduction for any investments they lost money on and use that to avoid or reduce capital gains tax. Normally, you can only deduct up to $3,000 in losses. But the mark-to-market method allows traders to deduct more.

If you meet the above criteria for a trader, you can file an election to mark-to-market your securities or commodities. This allows you to deduct more than $3,000 in losses and lets you mark the value of the security to the new market value at the start of every year. Essentially, this resets any gains or losses to $0. The downside is that you won’t be able to carry over losses into the following year. However, the advantages of this method far outweigh any downsides.

Use the Wash-Sale Exemption

Many investors sell off losing assets to offset gains. Because of this, the IRS prevents many investors from selling investments at a loss and then buying the same asset within 30 days of the sale.

If you’re using mark-to-market, however, you’re exempt from this rule. You can offset your gains by selling off assets, regardless of whether you’ve just purchased them. Day traders can use this to their advantage. For instance, if they speculate a company’s stock is going to dip after their quarterly earnings callin a few days, they can buy the stock and sell it when it dips, counting the loss as a tax write-off. Of course, this comes with risk.

Deduct Business Expenses

The last method of reducing taxes is by taking advantage of the fact that they are operating a business. This means that they reduce their total tax bill by deducting qualified business expenses from their annual taxes. Things like internet service, a computer, as well as any software or trading services can possibly all be deducted. If you have a designated home office, you may also be able to deduct part of your mortgage. You can work with a financial advisor who is experienced in working with businesses to learn more about how it could work for your situation.

The Bottom Line

Active day traders can avoid taxes in a few different ways. By taking advantage of the IRS system of deductions, you can lessen your tax burden. If you file an election to mark-to-market, you can record losses over $3,000, reset your gains and losses yearly and are exempt from the wash-sale rule. Along with these niche tax deductions, you can file for business-related tax deductions, such as the cost of your investing software or your internet bill. When added up, day traders can avoid or at least reduce the amount of capital gains tax they will have to pay.

Tips for Tax Planning

  • Unsure how home business expenses or taxes may affect your bottom line? You may want to consider speaking to a financial advisor who can help you create the right plan for all of your finances and save on taxes or missed opportunities. Finding the right financial advisor thatfits your needsdoesn’t have to be hard.SmartAsset’s free tool matches you with up to three financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals,get started now.
  • Since short-term capital gains are taxed at the same rate as your income, one way to estimate how much you’ll need to pay is to calculate your federal income taxes. SmartAsset’sfederal income tax calculatoris free and easy to use.

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How Day Traders Can Reduce Taxes - SmartAsset (2024)

FAQs

How do day traders minimize taxes? ›

The first way day traders avoid taxes is by using the mark-to-market method. This method takes advantage of the ability of day traders to offset capital gains with capital losses. Investors can get a tax deduction for any investments they lost money on and use that to avoid or reduce capital gains tax.

What can day traders write off on taxes? ›

Trader tax status also allows day traders to make an election for something called mark to market. A day trader who does not have trader tax status can only write off up to $3,000 in trading losses when they file taxes, but those with mark to market election can claim greater losses, if applicable.

What is the 60 40 tax rule? ›

60% of the gain or loss is taxed at the long-term capital tax rates. 40% of the gain or loss is taxed at the short-term capital tax rates.

What does the IRS consider a day trader? ›

You must seek to profit from daily market movements in the prices of securities and not from dividends, interest, or capital appreciation; Your activity must be substantial; and. You must carry on the activity with continuity and regularity.

Should I set up an LLC for day trading? ›

First and foremost, why does the LLC structure provide such appeal to day traders? The simple answer is that starting an LLC arms you with a shield against personal loss. It can also help protect you from lawsuits and other liabilities.

Are taxes hard for day traders? ›

Day-trading tax rates

Day trading taxes can vary depending on your trading patterns and your overall income, but they generally range between 10% and 37% of your profits.

Can you claim losses from day trading? ›

You can use up to $3,000 in excess losses per year to offset your ordinary income such as wages, interest, or self-employment income on your tax return and carry any remaining excess loss to the following year. If investments are held for a year or less, ordinary income taxes apply to any gains.

What is the wash-sale rule for day traders? ›

Q: How does the wash sale rule work? If you sell a security at a loss and buy the same or a substantially identical security within 30 calendar days before or after the sale, you won't be able to take a loss for that security on your current-year tax return.

Do day traders have to report every transaction? ›

As a trader (including day traders), you report all of your transactions on Form 8949 Sales and Other Dispositions of Capital Assets.

What is the 80% tax rule? ›

The 80% NOL rule was introduced by the Tax Cuts and Jobs Act (TCJA) of 2017 and limits net operating loss carryforwards to 80% of each subsequent year's net income.

What is the 6000 tax rule? ›

Can I get a tax write off for vehicle over 6,000 lbs? Yes, you can get a tax write-off for a vehicle over 6,000 lbs if you use it for business purposes. The tax write-off is known as the Section 179 deduction, which allows you to deduct the cost of qualifying vehicles from your taxable income.

What is the 3 day rule in stocks? ›

The 3-Day Rule in stock trading refers to the settlement rule that requires the finalization of a transaction within three business days after the trade date. This rule impacts how payments and orders are processed, requiring traders to have funds or credit in their accounts to cover purchases by the settlement date.

How to prove income as a day trader? ›

Some ways to prove self-employment income include:
  1. Annual Tax Return (Form 1040) This is the most credible and straightforward way to demonstrate your income over the last year since it's an official legal document recognized by the IRS. ...
  2. 1099 Forms. ...
  3. Bank Statements. ...
  4. Profit/Loss Statements. ...
  5. Self-Employed Pay Stubs.

How do I get my day trader status from the IRS? ›

You must spend enough time in the market as a trader.

Regarding how much of your income needs to come from trading, the IRS has said that traders should expect to spend at least 500 hours trading per year trading on qualifying for TTS.

How do day traders report income? ›

If a day trader who qualifies as a trader in securities makes the Sec. 475(f) mark-to-market election, the day trader treats all the gains or losses from his or her trading activity as ordinary gains or losses that must be reported on Part II of Form 4797, Sales of Business Property.

How do day traders pay themselves? ›

Day-Trader Salary

Whether they're trading for themselves or working for a trading shop and using the firm's money, day traders typically don't get paid a regular salary. Instead, their income is derived from their net profit.

How do day traders avoid wash sales? ›

To avoid a wash sale, the investor can wait more than 30 days from the sale to purchase an identical or substantially identical investment or invest in exchange-traded or mutual funds with similar investments to the one sold.

Do day traders pay social security tax? ›

Your income from short term capital gains isn't subject to Social Security tax. It is “unearned income”. The income is still subject to income tax. You'll need to make estimated tax payments for federal tax purposes on April 15, June 15, September 15, and January 15.

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