Do I qualify as a trader or an investor?

A trader 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 the election becomes effective. This means that for the election to be in effect for the 2022 tax year, the election must be made by the original due date of the 2021 tax return. 

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 election cannot be electronically filed; it must be attached to a mailed tax return or extension.   

The statement should include the following information:

1. That you're making an election under section 475(f)(1) or (f)(2) of the Internal Revenue Code;
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.

After making the election to change to the mark-to-market method of accounting, it is in effect for the year you select and all later tax years unless you are granted permission from the IRS to revoke it. 

Additionally, per the IRS (Topic No. 429 – Traders in Securities):

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 2019-43 PDF, Section 24.01. In addition to making the election, you'll also be required to file a Form 3115, Application for Change in Accounting Method. Publication 550 describes the procedures for making an election under the section called "Special Rules for Traders in Securities." Non-filing of the Form 3115 mentioned above won't invalidate a timely and valid election.

For more information, see Publication 550 under the section called "Special Rules for Traders in Securities."