Trader Tax Forms

By Jim Forrester, CPA

Trader income tax preparation can be overwhelming for the first-time filer. Even many experienced traders prefer to entrust their federal income tax return to Traders Accounting’s tax professionals rather than battle it alone. You know trading; we know trader taxes. It’s just common sense.

But all traders can benefit from a general familiarity with these key Internal Revenue forms and procedures that comprise a typical trader’s tax return:

Mark-to-Market Election

Mark-to-market (MTM) accounting enables a trading business to change the tax status of their earnings from capital gains/losses to ordinary income/losses, thereby avoiding the $3,000 capital loss limitation and the wash sale rule.

To elect mark-to-market as your accounting method, you must enclose a statement of intent with your personal tax return (if you are going to file as a trader in securities) or extension request and file by the appropriate tax deadline (March 15 or April 15) the year prior to beginning MTM accounting. For example, to use MTM on your 2004 return, you would have to have elected mark-to-market by April 15, 2004.

The one exception: if you’re filing as a new business entity, such as a limited liability company or C corporation, you have two months from opening to note your accounting preference in your meeting minutes; you need not notify the IRS until the next tax deadline.

We highly recommend that anyone confer with their tax professional prior to making the MTM election. While it seems like a panacea for a trader, that is not always the case, and an extra set of eyes that understands the code could help you not make a huge mistake.

Form 3115: Application for Change in Accounting Methods

Your first year using MTM, you will file IRS Form 3115, Application for Change in Accounting Methods, and submit it with your tax return. This form contains a one-time adjustment, Section 481(a), which captures duplications and omissions resulting from the change in accounting methods. If the adjustment is $25,000 or less, you may deduct the full amount on your return; if it exceeds $25,000, you may deduct 25% each year for the next four years.

Schedule C: Profit or Loss from Business

Traders who file as sole proprietors and do not elect the mark-to-market accounting method report their expenses on Schedule C, Profit or Loss from Business, but their trades on Schedule D, Capital Gains and Losses. This unfortunately can lead to an audit since you are only showing expenses on Schedule C with no income (it goes on Schedule D. Most businesses that file a schedule C also show their income on the same form, but for a trader this is not possible. If this seems somewhat odd, it is; the discrepancy appears suspect to the IRS, too.

One way to avoid this awkward tax position is to trade under a more formal business entity (limited partnership, LLC or C corporation). Tax treatment of business entities is both more favorable and more routine.

Schedule D: Capital Gains and Losses

Traders in stocks, options and single-stock futures who do not elect mark-to-market accounting report their trading activity on Schedule D, Capital Gains and Losses.

Schedule D contains two parts: short-term capital gains/losses for assets held less than one year, and long-term capital gains/losses for assets held more than one year. This also is the form on which wash sale adjustments are recorded. Because trading activity often involves buys and sells of unequal shares, calculations of gain or loss must be broken down into the smallest number of shares on either the buy or sell side, which can be a time-consuming and tedious process.

If your trading activity is significant enough to warrant trader tax status, chances are Schedule D will appear an overwhelmingly difficult form to complete without an experienced trader tax professional.

Traders Accounting will soon introduce an electronic trader’s log that will greatly simplify the process of reporting trading activity on your IRS returns.

Form 4797: Sales of Business Property

Traders in stocks, options and single-stock futures who elect mark-to-market accounting report their trading activity on Form 4797, Sales of Business Property (Also Involuntary Conversions and Recapture Amounts Under Sections 179 and 280F(b)(2)).

Under the mark-to-market method, all securities that you hold at the end of the year are treated as if they were sold and repurchased on the last day of the year; they are “marked to market” for tax purposes. All trading activity should be entered under Section II of Form 4797, Ordinary Gains and Losses.

Note: long-term investments that are not part of your trading business should be entered on Schedule D, Capital Gains and Losses, and not marked to market on Form 4797.

Form 6781: Gains and Losses from Section 1256 Contracts and Straddles

Traders in commodities, including such Section 1256 contracts as futures, foreign exchange and nonequity options, report their trading activity on Form 6781, Gains and Losses from Section 1256 Contracts and Straddles. You enter the gross amount of your Section 1256 proceeds from your 1099 on Part 1, Line 2 (Net Gain or Loss) of Section 1, Contracts Marked to Market.

The IRS cuts commodities traders a break by allowing them to split their Capital gains and losses, 60% long-term and 40% short-term. This is such an attractive deal that many commodities traders choose not to elect mark-to-market accounting, thereby retaining their profitable 60/40 split on gains. An added plus: losses on Form 6781 may be carried back three years against gains.

Form 4868: Application for Automatic Extension of Time

Tax time can be confusing, especially for the first-time active trader. But there is relief in Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return. When filed by April 15, the extension automatically moves your tax deadline three months ahead, to Aug. 15. A second extension, to Oct. 15, affords you a full six months to file, but it is not automatic; you must receive the form marked “granted” back from the IRS.

Bear in mind that an extension only buys you time to file, not pay – if you don’t remit more than 90% of your estimated tax due by the original April 15 deadline, your extension will be deemed invalid.

Take it from experienced traders: don’t go it alone when it comes to filing with the IRS. One false move can cost you plenty, possibly even your trader tax status. We strongly recommend you seek the assistance of a trader tax professional at Traders Accounting this tax season.

Trading involves substantial risk of loss and is not suitable for all individuals. Past Performance is not indicative of future results.

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