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Strategies & Market Trends : IRS, Tax related strategies--Traders

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To: GT who wrote (358)6/22/1998 9:17:00 PM
From: Colin Cody  Read Replies (1) of 1383
 
Gorcon,
Please re-re-re confirm this for me as this would make my day - if not my year.
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There is absolutely NO WAY that a TRADER (not to be confused with an INVESTOR or a DEALER) is subject the SECA tax on his trading gains.
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What would be subject to SECA might be a fee you charge for consulting on trader strategies you render to others, for example.
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There are court cases where taxpayers/traders VOLUNTARILY paid the SECA tax (so they could take a pension deduction, for example) and the Tax Court FORCED them to reverse the statnce.
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Hope you make enough $$$ to replace the old job. BTW there's nothing that says you can't have BOTH jobs, on TWO DIFFERENT Schedule Cs.
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If your fear is: I decided I would maintain my builder status so as not to have the irs try and classify me as a self employed investor/trader THERE IS NO WAY, NONE, NADA, EVER ANYWAY THAT AN INVESTOR OR NORMAL TRADER WOULD BE SUBJECT TO SECA.
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ONE POSSIBLE EXEMPTION (VERY RARE CASE) IS IF A TRADER ELECTS OPTIONALLY TO GO "MARK-TO-MARKET". THIS ISSUE NEEDS TO BE ADDRESSED BY CONGRESS - OR THE COURTS. IT HAS NOT BEEN TESTED OR DEFINED TO DATE.
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Colin
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