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Larry1957
New Member

Day Trading as a business

I have TT Home and Business. I received a "Substitute 1099" 1099B.

I Day trade as a business. Cannot enter 1099b on the business sch C. 

TT wants it entered as personal income. What is needed to make this work? Do I need a different TT version? Do I need to file under a LLC? 

TIA

Larry

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1 Reply
MarilynG1
Expert Alumni

Day Trading as a business

No, you can't enter a 1099-B on Schedule C.

 

If you qualify as a trader, you have two ways to report your income:

  • If you have not made a Section 475(f) Mark-to-Market (MTM) election, then your trades are reported on Schedule D and Form 8949.
  • If you have elected a Section 475(f) Mark-to-Market (MTM) election, then your trades are reported on Form 4797.

Without the election, gains and losses are recognized when the security is sold. They are treated and taxed as capital gains and losses and are subject to capital gains tax rates, as well as the limitation of losses and the wash sale rules

 

With the election, gains and losses are based on the value of your holdings at year-end. It's treated and taxed as ordinary income. The limit on losses and the wash sale rules don't apply. 

Regardless of which you choose, the IRS recognizes you as a business. Therefore you report expenses on Schedule C. Commissions and fees paid to acquire the security aren't an expense, but are used to calculate the gain or loss of that security.

 

The profit or loss stays on the form appropriate to the method you used (Schedule D & Form 8949 or Form 4794) and doesn't get carried to Schedule C.

 

Here's more info Reporting Day Trader Activity.

 

 

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