美国股民如何大幅减税

gdtrader

美国股民如何大幅减税


上次在HT做了民意测试，结论是绝大多数HT股民在股市里亏，亏不少的也不少。报税的日子来了，如果你是美国纳税人，且在去年做了200笔交易以上不管你是亏还是挣的，老姜介绍的方法可能可以给你省一大笔美国税。IRS在1997-98年为DTers定了新的Rules。不详细说了，要点如下：

1.  如果你是比较频繁的炒股者，就可以把炒股当成一个生意来报税；
2. 大概要200笔以上才比较好，笔数越多越好；
3.  即使你有别的FULL TIME工作也没关系，就好比你有工作但是又开了一个公司一样；
4.  你可以在SCHEDULE C里面填上公司名字为“TRADER IN SECURITIES”，IRS就知到你是炒股的了；
5.  你可以把家里的长途电话费，cell phone, 网费，CABLE TV买电脑，电视机，家具等办公用品，电费水电费，你的房贷保险，汽车MILEAGE，和朋友吃饭讨论股票.....都在SCHEDULE C里报成公司成本减税。但是UTILITIES和房子-HOME OFFICE要和你的OFFICE面积/房子总面积成比例，你还能报房子的折旧费用，你参加炒股学费, Travel等.....
6.  如果你亏的比较大而且有别的收入，正常报税一年只能抵3000美元。如果你亏了10万，要30年也低不玩。亏死了。 但是如果你的炒股是个生意，你马上可以报生意亏本，10万可以低掉你别的收入，大大减低你的税。
7. 为了把10万 (例子)全一次性冲掉你其它收入，IRS规定你必须用MARK-TO-MARKET ACCOUNTING，你必须在4月15-09日前向IRS  FILIE 3115表格，向IRS申明你2008要用MARK TO MARKET ACCOUNTING。
8. MARK TO MARKET ACCOUNTING很简单，把你的股票在2007年12月31日的VALUE当成你的COST(不管你卖掉否)，把2008年12月31日的VALUE当成你的SOLD PRICE，其差值就是你亏的，在SCHEDULE C里面报亏(注意如果用MARK TO MARKET，不能在SCH-D里报)，如果你工资15万，在SCHEDULE C里亏了10万，你只有5万的收入了.
9.  用了MARK TO MARKET后，2009年你也必须用MARK TO MARKET除非你再次FILE 3115表把它搞回来。
10.  即使你不用MARK TO MARKET，你还是可以用(5)的方法减税。
11. 如果你亏得太大，远远高于你工资，你如果有几个户头，你可以把其中一个户头当成生意在SCHEDULE-C里报，其它的当成投资在SCHEDULE D里报
12. 如果你已经报了税，没关系，你可以向IRS重新报个1040-X，但是如果你要用MARK TO MARKET，必须在4/15前FILE 3115表。

因为比较忙，详细不谈了，也没空回答问题。望谅

quickcow

加拿大股民替你顶。。。。

hothot

Thanks!

firefly8

谢!!

leftright

thank you very much

f117

ding ding ding

OrangeTea

谢谢谢谢。。。

BlueRiver

Thanks, 顶

老吴头

Dear GDtrader, million thanks for your information!.Y helped to save thousands.......

maomi

wow, nice information! thanks for sharing.

maplayer

Rilla

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kongkong10

Thank you. Here is more info from IRS website.

Topic 429 - Traders in Securities (Information for Form 1040 Filers)

This tax topic explains whether an individual who buys and sells securities qualifies as a "trader in securities," and how traders must report the income and expenses resulting from the trading business. In order to better understand the special rules that apply to traders in securities, it is helpful to first review the meaning of the term "investor," and the manner in which investors report the income and expenses relating to their investment activities.

Investors typically buy and sell securities and expect income from dividends, interest, or capital appreciation. Sales of these securities result in capital gains and losses that must be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses. Investors are subject to the capital loss limitations described in section 1211(b), in addition to the section 1091 wash sales rules. Investors can generally deduct the expenses of producing taxable investment income. These include expenses for investment counseling and advice, legal and accounting fees, and investment newsletters. These expenses are deductible on Form 1040, Schedule A (PDF), Itemized Deductions, as miscellaneous deductions to the extent that they exceed 2% of adjusted gross income. Interest paid on money to buy or carry investment property that produces taxable income is also deductible on Schedule A, but under section 163(d) the deduction cannot exceed the net investment income. Commissions and other costs of acquiring or disposing of securities are not deductible but must be used to figure gain or loss upon disposition of the securities. An investor is not subject to self-employment tax. For more information on investors, refer to Publication 550, Investment Income and Expenses.

Traders

Special rules apply if you are a trader in securities, in the business of buying and selling securities for your own account. To be engaged in business as a trader in securities, you must meet all of the following conditions:

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.

The following facts and circumstances should be considered in determining if your activity is a securities trading business:

Typical holding periods for securities bought and sold.
The frequency and dollar amount of your trades during the year.
The extent to which you pursue the activity to produce income for a livelihood, and
The amount of time you devote to the activity.

If the nature of your trading activities does not qualify as a business, you are considered an investor, and not a trader. It does not matter whether you call yourself a trader or a "day trader." Further, a taxpayer may be a trader in some securities and hold other securities for investment. The special rules for traders do not apply to the securities held for investment. A trader must keep detailed records to distinguish the securities held for investment from the securities in the trading business. The securities held for investment must be identified as such in the trader's records on the day he or she acquires them.

Traders report their business expenses on Form 1040, Schedule C (PDF), Profit or Loss From Business. The limit on investment interest expense, which applies to investors, does not apply to interest paid or incurred in a trading business. Commissions and other costs of acquiring or disposing of securities are not deductible but must be used to figure gain or loss upon disposition of the securities. Gains and losses from selling securities as part of a trading business are not subject to self–employment tax.

The tax treatment of sales of securities held in connection with a trading business depends on whether a trader has previously made an election under section 475(f) to use the mark-to-market method of accounting. If the mark-to-market election was not made, then the gains and losses from sales of securities are treated as capital gains and losses that must be reported on Form 1040, Schedule D (PDF). Both the limitations on capital losses and the wash sale rules continue to apply. However, if the mark-to-market election was timely made, then the gains and losses from sales of securities are treated as ordinary gains and losses (except for securities held for investment — see above) that must be reported on Part II of Form 4797 (PDF), Sales of Business Property. Further, neither the limitations on capital losses nor the wash sale rules apply to traders using the mark-to-market method of accounting.

In general, the mark-to-market election must be made by the due date (not including extensions) of the tax return for the year prior to the year for which the election becomes effective. The election is made by attaching a statement either to your income tax return or to a request for an extension of time to file your return. The statement should include the following information:

That you are making an election under section 475(f) of the Internal Revenue Code;
The first tax year for which the election is effective; and
The trade or business for which you are making the election.

Refer to the Form 1040, Schedule D Instructions for further instructions on how to make the mark to market election.

After making the election to change to the mark-to-market method of accounting, you must change your method of accounting for securities under Revenue Procedure 2002–9. In addition to making the election, you will also be required to file a Form 3115 (PDF), Application for Change in Accounting Method. The procedures for making an election are described in Publication 550 under the section called "Special Rules for Traders in Securities", and FAQ's on our Web site.

escortid

书签，顶

天真的冷酷

thank you.

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One of the most important decisions you will make as a trader is whether to elect the mark-to-market (MTM) accounting method. Although MTM is only available to traders, not investors, and does offer some significant tax advantages, it is not right for everyone. What makes this decision so important is that once you select MTM, you're stuck with it; there is no going back simply because it would be to your advantage tax-wise to do so.

Here is what you need to know about mark-to-market: how it works, advantages and disadvantages, the process to elect it, and how to separate and exempt long-term investments.


The MTM Method

Since 1997, mark-to-market accounting has enabled traders to change the tax status of their earnings from capital gains/losses to ordinary income/losses. This occurs on the last day of the year, at which time you tally all of your open holdings as if you were selling them at the market price that day (they are "marked to market"). On January 1st, you re-tally your holdings as if you were repurchasing them at the current price. The basis of each holding is then adjusted to reflect these hypothetical gains and losses for tax purposes.

Advantages of MTM

No wash sales: MTM traders are exempt from the wash sale rule; because holdings are tallied at year's end, there is no need to account for gains or losses that might occur within the 30-day wash sale restrictions. Many traders elect MTM specifically to avoid cumbersome wash sale accounting.


Favorable tax rate: Under MTM, income is taxed at a lower rate than capital gains.


Losses are fully deductible: Because your income/losses are treated as ordinary and not capital gains/losses, you are not bound by the $3,000 capital loss limitation. This means you can deduct all losses in the year they occur, providing tax relief when you need it most.


No change to self-employment exemption: Even though MTM income is not considered capital gains, traders who elect MTM remain exempt from self-employment tax, the same as investors and non-MTM traders.
Disadvantages of MTM

No capital loss carryover: Capital losses can only be offset by capital gains. If you are carrying forward a substantial capital loss, beware: by selecting MTM, your gains would be considered ordinary income moving forward, hence only $3,000 per year could be used to offset your capital loss.

Loss of long-term capital gains: A trader who deals mainly with 1256 contracts may not want to elect MTM because they would lose the 60% long-term capital gain on futures.

Election is permanent: As an individual trader, once you've made the MTM election, you're stuck with it. You can petition the IRS, but don't expect leniency, especially if there is a tax advantage to you. However, if you establish a legal entity for your trading business first, you may un-elect MTM if circumstances dictate, or simply dissolve and form another entity without electing MTM.

How to Elect MTM

To elect mark-to-market as your accounting method, you must enclose a statement of intent with your tax return or extension request and file by the appropriate tax deadline (March 15 or April 15) the year prior to beginning MTM accounting. The one exception: if you're filing as a new legal entity, such as an LLC, you have two months from opening to note your accounting preference in your meeting minutes.

Your first year using MTM, you will fill out IRS Form 3115 (Application for Change in Accounting Methods) and submit it with your tax return. This form contains an 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.

Exempt Your Investments from MTM

Before you elect mark-to-market, be sure to separate your investment holdings from your trading stocks and options. Why? Because unless they are clearly separated, you will be required to mark them to market at year's end and report any gain as ordinary income. That could prove disastrous for stocks that have greatly increased in value over the years.

The IRS lets you exempt your personal investments from your trading business, but only if you identify those investments up front. Like the MTM election itself, this designation is irrevocable; you cannot decide later to fold your investment losers into your trading stock for ordinary losses or cherry-pick your trading winners for capital gains treatment.

qld

Thanks a lot.

Accroding to below two statements (copy from above), it is too late to select MTM accounting for 2008 tax return. May be and hope my understanding is wrong.

Thank you for advice in advance.

In general, the mark-to-market election must be made by the due date (not including extensions) of the tax return for the year prior to the year for which the election becomes effective

To elect mark-to-market as your accounting method, you must enclose a statement of intent with your tax return or extension request and file by the appropriate tax deadline (March 15 or April 15) the year prior to beginning MTM accounting

hbj

Thank you all.

源济

Thanks!

WildWolf

benshou