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Trader tax status

A US facts-and-circumstances classification treating trading as a business rather than investing, unlocking business expense deductions and eligibility for the 475(f) election.

There is no statutory test. Case law looks for substantial, frequent, regular and continuous activity aimed at profiting from short-term price swings rather than dividends, interest or appreciation. Courts have weighed the number of trading days, trade frequency, holding periods, hours spent and the presence of a business-like setup.

Qualifying allows expenses such as data, platforms, education and home office to be deducted on schedule-c-trading-business rather than being non-deductible, and it is the gateway to the section-475-election.

What it does not do is change the character of trading gains by itself. Without the 475 election, gains remain capital and are reported on form-8949 and schedule-d, and trading income is not subject to self-employment tax.

General information for the United States, not tax advice. Rules change and depend on your circumstances; get professional advice on whether you qualify.

Related: section-475-election, schedule-c-trading-business, form-8949, capital-loss-limitation, estimated-quarterly-taxes

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