Once a trader has experienced success and the wonderful opportunity of paying taxes they quickly realize the importance of trader tax status  — it unlocks a wealth of benefits.

One of the most frequent questions I receive from traders is, “What is the difference between filing a return as a trader vs. investor”?  If I could sum it up in one word it would be DEDUCTIONS!

If you qualify for trader tax status, you get to file a business tax return and claim business expenses. This allows you to take many more deductions than you’d be able to take if you filed as an investor. Investors are severely limited under the tax code from deducting trading expenses.

Let’s look at a comparison side by side:

Type	Investor	Trader
Capital Loss and Wash Sale Rules	Yes	Yes
Investment Interest Expense	Limited	Unlimited
Investment Expenses	Limited	Unlimited
Form Expenses Recorded on?	Schedule A	Schedule C or Business Return
Mark to Market Accounting?	Not Allowed	Yes
Home Office Expenses	Not Allowed	Yes
Education Expenses	Not Allowed	Yes
Depreciation of Computers & Equipment	Limited: Subject to 2% Floor	Yes
Net Operating Loss Carryback	Not Allowed	Yes

**Based on IRS Tax Topic 429**

EXPENSE LIMITATION

Looking at the above list you can see that filing your tax return as an investor limits the amount of expense deducations you are able to take. Since all expenses for an investor are filed on a Schedule A, they are classified as miscellaneous itemized deductions. This means that they must be greater than 2% of your adjusted gross income. It also means you can deduct only the amount  that exceeds the 2% limit!

2018 UPDATE: The Tax Cuts and Jobs Act eliminated all miscellaneous itemized deductions for investors; giving you more reason to qualify for trader tax status.

For example, if your AGI is $100,000, your expenses must be greater than $2,000 in order for you to deduct them. If your expenses are $3000, you can deduct only $1000 (the amount over the 2% limit) from your taxes.

Traders are not subject to this limitation since they will claim all of their business expenses. This enables them to deduct ALL expenses associated with their trading business.

INVESTMENT INTEREST EXPENSE LIMITATION

Investors can deduct margin interest as an itemized deduction on their Schedule A but only to the extent of their net investment income. Any excess investment interest expenses are carried over to the following tax year to be deducted in the same way.

Traders are not subject to this limitation. They deduct margin interest in full on Schedule C as a business expense instead of an itemized deduction.  Since margin interest for most traders can run many thousands of dollars, this is a HUGE tax advantage.

HOME OFFICE AND EDUCATION EXPENSES

Investors cannot deduct home office expenses or education expenses. This is another big tax savings for traders. Even if you rent your home or apartment, a trader can take the home office deduction, opening up thousands of dollars in tax savings every year!

MARK TO MARKET ACCOUNTING

One of the most beneficial aspects of trader tax status is the ability to claim mark to market accounting. If you make this election, your trading losses won’t be subject to the $3000 capital loss limitation that investors are stuck with. Instead, your capital gains/losses are treated as ordinary gains/losses. Ordinary losses don’t have a limit and can be used to offset any income. This is a huge benefit for a trader who has a bad year.

Questions?  Feel free to schedule a consultation.