Tax impact of investor vs. trader status
This article organizes the original guidance on tax impact of investor vs. trader status into clear sections for easier reading and reference.
Overview
This opening section presents the main context from the original post.
Whether you are considered an investor or a trader can have a significant impact on your tax bill. Do you know the difference?
Investors
This section keeps the original guidance focused on investors.
Most people who trade stocks are classified as investors for tax purposes. This means any net gains are treated as capital gains rather than ordinary income.
That’s good if your net gains are long-term (that is, you’ve held the investment more than a year), because you can enjoy the lower long-term capital gains rate. However, any investment-related expenses (such as margin interest, stock tracking software, etc.) are deductible only if you itemize and, in some cases, only if the total of the expenses exceeds 2% of your adjusted gross income.
Traders
This section keeps the original guidance focused on traders.
Traders have it better in some situations. Their expenses reduce gross income even if they cannot itemize deductions and not just for regular tax purposes, but also for alternative minimum tax purposes.
Plus, in certain circumstances, if traders have a net loss for the year, they can claim it as an ordinary loss (so it can offset other ordinary income) rather than a capital loss. Capital losses are limited to a $3,000 ($1,500 if married filing separately) per year deduction once any capital gains have been offset.
Passing the trader test
This section keeps the original guidance focused on passing the trader test.
What does it take to successfully meet the test for trader status? The answer is twofold:
1. The trading must be “substantial.” While there’s no bright line test, the courts have tended to view more than a thousand trades a year, spread over most of the available trading days, as substantial.
2. The trading must be designed to try to catch the swings in the daily market movements.
In other words, you must be attempting to profit from these short-term changes rather than from the long-term holding of investments. So the average duration for holding any one position needs to be very short, generally only a day or two.
If you satisfy these conditions, the chances are good that you would ultimately be able to prove trader vs. investor status. Of course, even if you do not satisfy one of the tests, you might still prevail, but the odds against you are higher. If you have questions, please contact us.
Related Resources
These resources connect the article topic with related Bowers service pages and approved professional reading.
FAQ
The questions below summarize the main points already covered in the article.
What is the main focus of Tax impact of investor vs. trader status?
The article focuses on tax impact of investor vs. trader status and organizes the original guidance into sections for easier review.
What topics does the article cover first?
The article begins with investors and then continues through the remaining points in the original post.
Which additional areas are included?
Additional sections include traders, passing the trader test.
Does the post include action items or reminders?
Yes. The original post includes listed items that have been kept in list format for easier scanning.
Was the original post wording changed?
The revision keeps the author wording and updates the structure so the post is easier to read online.