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🔽Time stamps:
2:08 IRS Capital gain tax rates
4:13 Tax breaks & wash sale rule for investor traders
7:55 Best way for filing day trading taxes- TTS tax breaks
10:09 How to qualify for Trader Tax Status
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How to file day trading taxes in the US? How to qualify for Trader Tax Status under IRS rules. Most Day Traders and Swing Traders fall under the regular investor status when filing for IRS taxes.
Capital gains for investors fall under 2 categories: Long term and short term tax rates.
1. Long term tax rate: More favorable tax rate for investors. But only for stock market positions held for over one year. So generally day traders and swing traders do not qualify for this.
2. Short term tax rate: Day trading and swing trading are taxed as ordinary income tax rates.
Filing stock market taxes as investor status has limited write offs due to Tax Cuts and Jobs Act 2017, have to follow Wash Sale Rule, and can only claim up to $3000 capital loss against income per year.
That's why day traders prefer Trader Tax Status designation. TTS allows fully deductible losses, no wash sale rule, and generous tax write offs for trading expenses. But the TTS is harder to qualify.
General IRS Guide for Trader Tax Status
1. At least 30 hrs per week spent on trading activities
2. Average holding period is less than 31 days
3. Operating with necessary tools and software
4. Trading with a significant trading account
Zip Trader Charlie's videos on Taxes:
https://www.youtube.com/watch?v=xla4YA5OBAQ
https://www.youtube.com/watch?v=4WPE-MGgyr4
Resources referenced on Day Trading Taxes and Trader Tax Status:
https://www.benzinga.com/money/day-trading-taxes/
https://www.nerdwallet.com/blog/investing/3-day-trading-tax-tricks/
https://www.forbes.com/sites/greatspeculations/2017/06/07/how-to-become-eligible-for-trader-tax-status-benefits/ #a734f0d3e354
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Day trading, taxes, how exactly do you do it? Everyone loves talking about making big Lamborghini money by trading only one hour a day and anywhere in the world, but not a lot of people talk about how you can keep that money legally, of course, so you don't get in trouble with the IRS coming after your Every single April, before we start here, is a mandatory disclaimer. I am NOT a CPA nor a financial adviser. I don't know anything about taxes. Everyone's tax situation would be grossly different.

It's your own responsibility to ensure all your taxes are filed correctly and legally by a tax professional. I have no idea what I'm talking about, I'm, not even American. I know what you must be thinking right now: traitor, you're, Canadian. How would you know anything about dealing with the IRS and paying taxes here in the United States? Actually, I did spend a good 5 to 6 years studying and working in the US.

So I know a thing or two about parting, with my precious Benjamins every single April, and let me tell you dealing with dual taxes with the CRA here in Canada, and also the IRS in the US was not fun. I know I already made a day trading taxes, video for Canadian traders two weeks ago. I want to be fair to my American viewers as well. They deserve to have a fair share of bad jokes too.

So in this video we'll be talking about day trading taxes in the United States, what kind of status you qualify for either as an ordinary investor or trader tax status, and also The Associated tax breaks? You can utilize in order to save some money legally, of course, and all these terrible jokes, I mean they. Trade in taxes. Research really took me a lot of time to prepare. So I really appreciate it if you could drop a like at the bottom of this video.

So when we're looking at stock market taxes in the u.s. in general, either as an ordinary investor or trader, there's two distinct tax rates to know the long-term tax rate and also the short-term tax rate. Let's say you made $ 100,000 from the stock market and all these are from positions that you've held for longer than a year. So basically, oh, these would not be from day trades, then that capital gain will be taxed at 15 % as long-term investments.

So the total tax owed to the IRS in this case will only be 15 thousand dollars and your take-home will be 85 thousand dollars. That's actually a very favorable tax rate and also if the gains in 2019 are less than thirty seven thousand three hundred seventy five dollars and less than forty thousand in 2020, then those gains will not be taxed at all federally that wasn't a joke by the way. That's like a kind of thing that IRS has ever done, however, if we're talking about they trading profits. Here that usually means these are profits from your trades to buy and sell within the same day, that would be considered short-term investments, which is taxed the same way as your ordinary income.

So that's same 100 thousand profit, but this time around from short-term trading we'll be taxed at your regular tax rate of 24 percent federally speaking. So you would owe the IRS twenty four thousand dollars and your take home is only seventy six thousand dollars and that's why it's so important to keep your long-term investment account separate from your short-term day trading or swing trading accounts for accounting purposes. No one really save you a lot of time and headaches when you're doing taxes each spring. So that's the basic summary of what you have to pay in taxes.
If you are a short-term trader that falls under the ordinary investors status. So if you're a part-time trader with a full-time job or if you're, a beginner trader, trying to grow a small account and really 90 percent of the day, traders out there in the United States, they mostly fall under those investor status category in the eyes of the Irs so when filing day trading profits as investor status, you are allowed some very limited tax breaks and, yes, you can claim your losses to offset your gains. This works for both a short term investment, as well as the long term investments, but this is only if your net positive on the year - let's say. Unfortunately, you had a terrible year in the stock market with both day trading and investing, and you are net negative on the year.

You can deduct up to three thousand dollars of losses against your income. Yes, you heard that right only three thousand dollars. So, for example, that's how you chase a penny stock breakout and made a thousand dollars, but you do the same thing again next week and lost five thousand dollars. You can claim three thousand dollars out of that four thousand dollars total loss, and this is for the entire year, by the way, only three thousand dollars of losses against your income.

That's like not even enough to afford a five thousand dollar DVD, any losses over three thousand dollars. It's just straight-up gum that Lamborghini money is being washed in on the train just kidding. You can carry over that excess capital lost credit into the next eight consecutive years, which is better than Canada. Actually, Canadian investors can only carry over the capital loss for three years, but we don't have a $ 3,000 cap.

We just have better jokes that eight-year carry over period for capital losses in the u.s. sounds very nice in theory. But again you can only use up to three thousand dollars of losses to claim against your income each year for the long-term investors, filing taxes and profits from over one year of holding period. That's still not bad because they are getting a very favorable tax rate.

In comparison to ordinary income, but for most day traders and swing traders who are considered really as short-term investors - that's not really ideal at all, so maybe think twice before chasing those chat, room alerts. You know estate traders the only efficient way to optimize your day trading. Profit and losses and pay less tax overall, is, if you remember, to smash the like button. There is a new IRS tax reform change in a section one to three BS that allows you to pay less taxes.
If you tap the light button seriously talk to your CPA about it, save you a lot of money just kidding, but not really estate traders in the United States. The only way really to optimize your day, trading, income and losses, is if you qualify for the trader tax status, which we'll talk about how to qualify for the status and the amazing tax breaks in a little bit. Another thing to be aware of if you're filing as investor status, is the wash sale rule. This applies for both long term and short term investments, and it means that if you sell a stock for a loss, you cannot claim that capital loss.

If you have held the same position, either 30 days before or after the loss sale, which is an extremely tough restriction, especially for day traders, this rule can easily turn your tax filing season into a nightmare. So, that's why it's so important to talk to a certified CPA when you're filing your day trading taxes. Once again, this is just a summary of what I know regarding day trading. Taxes in the US make sure to talk to a tax, professional you'll.

Save you a lot of money and a lot of headache later on. I'm sure you know by now filing us an investor status for your day trading and swing trading, profits really suck. But what, if you file with a tts trader tax status? Spoilers you get a lot better tax breaks, but just a lot harder to qualify as well. The biggest advantage to filing US trader tax status is that you can claim more than just a $ 3,000 capital loss that normal investors have us an extremely active professional day.

Trader each year you can claim all of your losses against your total income. To do so, you must make a mark to market election in Section 475 with the IRS before the tax filing deadline for the previous year. So if you want to make that election and be able to claim all of your losses for the 2020 tax year, then you must have the selection made by April 15. 2020 when you are filing for your 2019 taxes.

Only if you qualify for the trader tax status, another benefit to filing with a TTS is that you're not bound by the wash sale rule that we talked about earlier since you qualify to mark-to-market accounting. But you must pretend to sell all of your holdings by the last day of the year and again pretend to buy all the back. This is just for accounting purposes. Again, talk to your CPA regarding the details in your own tax situation, one more extremely generous tax break that TTS designated treaters have is the ability to write off a lot of your trading expenses, almost anything that you pay for in order to make money with your Trading business is considered tax-deductible.

That means you can claim all your scanners Newswires chat room alerts as well as that $ 5,000 DVD and your rent, a mortgage. If you work from home, this is once again far more superior than if you were filing ordinary income. As a short term investor status because of the tgc a TC j8 because of the tax acts because of the tax cuts and JOBS Act of 2017, what you can write office expenses against your capital gains income as an ordinary investor, has been extremely limited. Now, how exactly do you qualify for this amazing trader tax status? There's actually no specific IRS statue or regulation on this, but here are some very general guidelines of how you can qualify for the status in the eyes of the IRS.
First of all, you should be spending 30 hours or more per week on trading and trading related activities, an average about 4 to 5 day trades per day for most of the tax year. So, unfortunately, if you're trading part-time, while were 2 hours before going to work each day, you're not likely to qualify for TTS, second, your average holding period should be less than 31 days. This should be easy for most day traders out there. Third, you should be treating trading as a serious business with all the necessary softwares research tools and a mythic and trading account if you're, using subpar tours or free tools, there's nothing wrong with that, but in the eyes of the IRS you're, not taking training seriously enough.

As a primary business, and on top of that, if you're trading with a small account of $ 2,000 or $ 5,000, that's not significant enough of a trading account for you to qualify for TTS. Yes, we all know by now the filing is treated tax status. It's the most efficient way to report your day, trading, profits and losses and you'll save you the most money, but it's harder to qualify. When I was working in the US and trading part-time, I didn't qualify for TTS either this trader tax status designation is never guaranteed.

A trader can qualify for the status one year, but not the next or only qualify for part of the year if he does not meet all the general requirements we talked about earlier in the eyes of the IRS. There are a few other ways to qualify for TTS such as forming an LLC or C Corp, but again talk to a tax professional and do your own research on that part, I'm just a Canadian chillin up north sippin on my maple syrup. I don't know what I'm talking about, I'm just making this video for the bad jokes. If you want to learn more details regarding the trader tax status, designation and how to save more money when you're filing your day trading taxes, I'll leave a few website.

Resources in the description below also feel free to check out my friends, fellow trading youtuber, zip trader, charlie he's done a few videos on day trading taxes in the United States. That goes into a lot of details and remember to drop a ravish in comment and tell him now. My jokes are much better than his. Thank you guys so much for watching.
As always, I'm the humble trader and I'll see you guys next week.

By Stock Chat

where the coffee is hot and so is the chat

36 thoughts on “Day trading taxes, irs trader tax status vs investor status in us”
  1. Avataaar/Circle Created with python_avatars Paul Cook says:

    I would have preferred her giving doing this video wearing a white teddy and thong.

  2. Avataaar/Circle Created with python_avatars Moving Siempre says:

    I'll see your videos for the bad jokes👌

  3. Avataaar/Circle Created with python_avatars Transcended Mindset says:

    Short term capital gains are increasing from 20% to 39.6% under this new tax bill . 🗣🗣 FJB!!

  4. Avataaar/Circle Created with python_avatars ShoresOfHelll says:

    Sarcasm is the highest form of intelligence. Perfect mix of humor and useful information.

  5. Avataaar/Circle Created with python_avatars Mr. Yega says:

    Do you want to marry me so you can live in the US? All I require is a desk with monitors in a room. I also cook.

  6. Avataaar/Circle Created with python_avatars Foreverapianist says:

    Someone told me that if I sell a stock for the same price I bought it, the IRS still deducts money from my sell, which means, I'll be losing money even if I don't get any profit from it. Is that true? I would appreciate if someone clarifies that to me.

  7. Avataaar/Circle Created with python_avatars M B says:

    What are the plate forms that non USA resident and non American people to trade in the American market without social security ?

  8. Avataaar/Circle Created with python_avatars jlin74 says:

    hi Humbled Trader or anyone who know this question. Assuming you have a net gain at the end of each quarter (say ~100k usd each quarter), do you still have to make quarterly tax payments if you or your business entity qualifies for TTS? Or due to the mark to market election, you can just make ONE tax payment on your total annual gain before January 15 of the following year? Thanks a lot.

  9. Avataaar/Circle Created with python_avatars Hola! Manuela de Sousa says:

    Hello, Could someone recommend a good affordable CPA that specializes in Day Trader's taxes ? I would really appreciate… In Los Angeles would be even better ! Thx 🙂

  10. Avataaar/Circle Created with python_avatars 8520456 says:

    Do you have to pay taxes once profits are realized or when you send it to your back account?

  11. Avataaar/Circle Created with python_avatars Christopher Schroeder says:

    audacity of the govt to make us pay something they create at a rate of trillions a year from thin air

  12. Avataaar/Circle Created with python_avatars J Judy says:

    How to calculate the average holding period? Can you give me an example? Say I have held 1 SPXL for 30 days, and 1000 AHT for 1 day, is the average holding period calculated as (1*30+1000*1)/(1+1000)? Thank you!

  13. Avataaar/Circle Created with python_avatars Zeron Peat says:

    Man what are considered capitol Gains?
    If I make a net positive of .17 cents all year do I owe?

  14. Avataaar/Circle Created with python_avatars GL R says:

    Using TOS never did an excel with all my trades. Is it possible to retrieve from TOS or from TD ameritrade a list of all my purchases or sells?

  15. Avataaar/Circle Created with python_avatars Hola! K Deronimo says:

    Fap Fap Fap Fap, Money, Humbled Trader uhhhhhh!

  16. Avataaar/Circle Created with python_avatars Ordo Ab Chao says:

    But wash sale losses only apply to securities per the IRS, and per the IRS virtual currency is listed as property.

  17. Avataaar/Circle Created with python_avatars elconejito99 says:

    not going to lie, but i was wondering what 123BS was until I realized she bullshitting lmao XD

  18. Avataaar/Circle Created with python_avatars Occam’s Razor says:

    You can’t elect mark-to-market for the previous years trading activity. You have to elect 475 by April 15 in the year you want to be a mark-to-market trader. You can retroactively claim TTS if you qualify. I think you’re confusing TTS and 475. Now, you can elect 475 during the year IF you are setting up an entity (LLC/S-Corp).

  19. Avataaar/Circle Created with python_avatars Kris Boyce says:

    Chinese spies are becoming more and more sophisticated. Well done.

  20. Avataaar/Circle Created with python_avatars Jessica Jaba says:

    It requires money to make money. This is the best secret I have ever discovered we don’t make money, we earn and multiply money

  21. Avataaar/Circle Created with python_avatars Kinsanity says:

    Every year i just upload my broker statements on to Turbotax and they just do the rest.

  22. Avataaar/Circle Created with python_avatars Vegito Blue says:

    I have 150 pages from my 1099, I don't wanna print all of them to give it to my CPA, does anybody know which pages are the ones CPA will need ?

  23. Avataaar/Circle Created with python_avatars Steven Shumaker says:

    Your using big numbers. What if you're short-term making $500 extra a month in investing?

  24. Avataaar/Circle Created with python_avatars TooMuch TooFast says:

    Seeing that they only allow $3k loss total annually truly displays how much the US govt does NOT give a fack about any one of you.

  25. Avataaar/Circle Created with python_avatars KEEVVY says:

    I think non us youtubers shoud not give any info to irs, as they are not employed by youtube, they are non us residents and if they care about theyre data.

  26. Avataaar/Circle Created with python_avatars Richard Vergara says:

    this video is very informative , i wonder if it still is the same for the upcoming tax filing next year. i have made a pretty good amount of money so far this year of 2021 but i dont wanna owe too much taxes .

  27. Avataaar/Circle Created with python_avatars Rishabh Dev Chandna says:

    This is an amazing video! covers all the nuannces including wash sale rule. Thank you so much for this.!!

  28. Avataaar/Circle Created with python_avatars Arsen Manukyan says:

    Hi Humbled Trader,
    IBKR Canada provides T5008 tax from, where I am not sure they used FIFO(First-In-First-Out ) or ACB(Adjusted Cost Basis). This is first year I started a bit trading in IBKR and want to make sure I file taxes correctly.
    Can you please share your expertise here? Do you reply on numbers in IBKR provided T5008 or re-calculate all numbers. Also what does CRA expect, FIFO or CRA?
    Any info is much appreciated.

  29. Avataaar/Circle Created with python_avatars west tyndell says:

    God i love your videos!! thank you for another great vid!

  30. Avataaar/Circle Created with python_avatars Indigobluegold says:

    Your jokes are corny but funny 😆 Good tax information!

  31. Avataaar/Circle Created with python_avatars Retired_with_TSLA says:

    Hi there, I need help from CPA who can do filing as Trader Tax Status, do you know any CPA, i mean can you recommend anyone?

  32. Avataaar/Circle Created with python_avatars arek dovart says:

    What kind spend can we show for this stock business???

  33. Avataaar/Circle Created with python_avatars Idris S says:

    Question from wondering investor. From either the trader side or the investor side would one be able to say make 100 dollars a day trading, Then use the same 100 later that week to funding a business or personal need?

  34. Avataaar/Circle Created with python_avatars K Reve says:

    Thank you for the information. Did you sign up for EIN S-corp in US?

  35. Avataaar/Circle Created with python_avatars Sams T says:

    Why don't you just explain it in less than 5 minutes that because you like to talk or just to get more ads? Stupid video. A dislike 👎

  36. Avataaar/Circle Created with python_avatars Humbled Trader says:

    What's your experience been like filing for day trading taxes with the IRS? Let's hear it 😀

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