DawnC
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As a trader, you must make the mark-to-market election by the original due date (not including extensions) of the tax return for the year prior to the year for which you intend the election to become effective. You can make the election by attaching a statement either to your income tax return if filed without an extension or to a request for an extension of time to file your return. The statement should include the following information:

 

  1. That you're making an election under section 475(f);
  2. The first tax year for which the election is effective (that is, the tax year for which a timely election is being made); and
  3. The trade or business for which you're making the election.

If you’re a new taxpayer that wasn’t required to file a tax return for the prior year, you may make the election by placing the above statement in your books and records no later than 2 months and 15 days after the first day of the year for which you intend the election to become effective. You must attach a copy of the statement to your tax return for that year.

Refer to the Instructions for Schedule D (Form 1040), Capital Gains and Losses and Revenue Procedure 99-17 for more information on how to make the mark-to-market election. It's important to note that in general, late section 475(f) elections aren't allowed.

 

See Topic 429 - Mark to Market election

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