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Strategies & Market Trends : IRS, Tax related strategies--Traders -- Ignore unavailable to you. Want to Upgrade?


To: GT who wrote (358)6/22/1998 6:32:00 PM
From: lizard lick  Respond to of 1383
 
Thank you Colin.



To: GT who wrote (358)6/22/1998 9:17:00 PM
From: Colin Cody  Read Replies (1) | Respond to of 1383
 
Gorcon,
Please re-re-re confirm this for me as this would make my day - if not my year.
.
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.
.
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.
.
Colin



To: GT who wrote (358)6/23/1998 2:11:00 PM
From: WallStBum  Read Replies (2) | Respond to of 1383
 
Gorcon -

No SE on capital gains. Suggested readings Ted Tesser's Trader's Tax Survival Guide. As a CPA and trader, I found this book very informative on this subject and many other tax tips, etc. You can order it online through Barnes and Noble. Search for it at barnesandnoble.com . Also, to see what others think of it try a general search on SI to see what others say.

Colin may have other suggested readings or he may like this book too.

BTW- I understand your frustration with S.E. tax, but remember that theoretically the tax is the equivalent of FICA/Social Security with the presumption that you leave no money in your business and payout 100% of your earnings as "salary". People forget that their employer also pays 7.65% on salary paid as well as you paying 7.65% for a total of 15.3%. The SE tax even builds in the deduction of the payroll tax expense that an employer would get. I know that doesn't help, but that's the rules.

The day we move to a system where ALL taxes including FICA are sent in to gov't monthly just like your mortgage payment and withholding is done away with - that will be a great day. Because then we'll all realize that the enormous tax burdon, not just s.e. tax, is a crime against Americans.