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 to reduce taxes as a day trader? ›

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.

How much can I write off as a day trader? ›

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.

How bad are taxes on day trading? ›

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. Income from trading is subject to capital gains taxes.

What is the 60 40 tax rule? ›

Futures, forex, and options

Section 1256 contracts get special tax treatment of 60/40. This means that positions held for any amount of time will receive 60% long-term capital gains treatment and 40% short-term capital gains treatment.

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.

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.

How much money do day traders with $10 0000 accounts make per day on average? ›

With a $10,000 account, a good day might bring in a five percent gain, which is $500. However, day traders also need to consider fixed costs such as commissions charged by brokers. These commissions can eat into profits, and day traders need to earn enough to overcome these fees [2].

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.

Can a day trader write off a car? ›

As a day trader, you benefit from being self-sufficient: scheduling meetings with a mentor you can learn from, or making office supply runs to ensure you have what you need to do your job well. If you drive for these or other work-related purposes, you can claim car expenses on your taxes.

How to save tax on trading income? ›

Utilize deductions and exemptions: Intraday traders can claim deductions for business expenses and exemptions for long-term capital gains to reduce their income tax on intraday trading liabilities.

What is the average return for a day trader? ›

Astonishingly few (1%-3%) day traders are able to consistently earn above-market returns. Data is mixed on whether or not it is even possible to improve performance at day trading. In most studies, the most active traders tend to lose the most money.

Is trader tax status worth it? ›

Tax Advantages of Trader Status

Potential upsides of qualifying for trader status for tax purposes include: Traders can deduct expenses on Schedule C and benefit from SE tax exemption. They're considered to be in the business of buying and selling stocks (and other securities, if applicable) for a profit.

What is the 80% tax rule? ›

How It Works. The rules state that the amount of the NOL is limited to 80% of the excess of taxable income without respect to any § 199A (QBI), § 250 (GILTI), or the NOL. For example: In this example, tax is paid on $20,000 of income even though there was an NOL carryover more than the current year's income.

What is the 600.00 tax rule? ›

The new ”$600 rule”

Under the new rules set forth by the IRS, if you got paid more than $600 for the transaction of goods and services through third-party payment platforms, you will receive a 1099-K for reporting the income.

What is the 6000 tax rule? ›

The 6,000-pound vehicle tax deduction is a rule under the federal tax code that allows people to deduct up to $25,000 of a vehicle's purchasing price on their tax return. The vehicle purchased must weigh over 6,000 pounds, according to the gross vehicle weight rating (GVWR), but no more than 14,000 pounds.

How to avoid tax on trades? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Mar 6, 2024

How many trades do you need to be a day trader for taxes? ›

We recommend an average of four transactions per day, four days per week, 16 trades per week, 60 a month, and 720 per year on an annualized basis. Count each open and closing transaction separately, not round-trip.

How to avoid wash sale for day trader? ›

To avoid a wash sale, you could replace it with a different ETF (or several different ETFs) with similar but not identical assets, such as one tracking the Russell 1000 Index® (RUI). That would preserve your tax break and keep you in the market with about the same asset allocation.

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