Records such as receipts, canceled checks, and other documents that prove an item of income or a deduction appearing on your return should be kept at least until the statute of limitations expires for that return. Usually this is three years from the date the return was due or filed, or two years from the date the tax was paid, whichever is later. There is no period of limitations when a return is false or fraudulent or when no return is filed. You should keep some records indefinitely, such as property records, since you may need them to determine the basis of the property if it to prove the amount of gain or loss if the property is sold. For more details, refer to Publication 552 Recordkeeping for Individuals, or Tax Topic 305 on Recordkeeping.

If you are an employer, you must keep all your employment tax records for at least four years after the tax is due or paid, whichever is later. For additional information, refer to Publication 583, Starting a Business and Keeping Records. People in business often have expenses for travel, entertainment, and gifts. The documentation you should keep for each of these expenses can be found in Publication 463, Travel, Entertainment, Gift and Car Expenses.

References:

• Publication 463, Travel, Entertainment, Gift and Car Expenses
• Publication 552, Recordkeeping for Individuals
• Publication 583, Starting a Business and Keeping Records
• Tax Topic 305, Recordkeeping

Yes. You can use your total net loss to reduce your income dollar for dollar, up to the $3000 limit ($1,500 if you are married and file a separate return).

For more information on capital gains and losses and capital loss carryovers, refer to Chapter 4 of Publication 550, Investment Income and Expenses.

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 409, Capital gains and losses

A loss carryover maintains its character as long-term or short-term and must first be used against gains, if any, in its own category, but can then offset net gains from the other category, as well as up to $3,000 ($1,500 if married filing separate) of ordinary income. If, for example, your only long-term gain or loss is the long-term capital loss carryover, then line 17 of Form 1040, Schedule D (PDF), which nets the net short-term gain or loss against the net long-term gain or loss, will apply your loss carryover against your short-term gain. After that, any remaining net loss will be allowable as a deduction against up to $3,000 ($1,500 if married filing separate return) of your ordinary income. The remainder will be available to be carried over to the following year as long-term loss.

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 409, Capital gains and losses

No, long-term capital gains and losses must first be combined to arrive at net long-term gain or loss before the result can be netted against the net short-term gain or loss. If you follow the Form 1040, Schedule D (PDF), Capital Gains and Losses, Parts 1 and 2, line-by-line, the form will perform the netting for you in this order.

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 409, Capital gains and losses

Before a loss from one category, short or long term, can offset gain from the other category, the losses and gains from each category must be combined to arrive at a net gain or loss from that category. Then, the net gain or loss from each category is combined.

When you carry a capital loss over to the following year, it retains its character as long-term or short-term and must be first combined with the other entries in its category. There is a capital loss carryover worksheet each year in the Instructions for Form 1040, Schedule D .

Refer to Reporting Capital Gains and Losses in Publication 550, Investment Income and Expenses .

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 409, Capital gains and losses

In general, you cannot determine your gain or loss until you purchase the stock that you are going to deliver to close the short sale. You still need to report the gross proceeds on Schedule D so that the total of lines 3 and 10, column (d), reconciles with all of your Forms 1099-B.

Also, in columns b and c write "short sale." In column f, write "see attached statement." In the statement, explain the details of the short sale and that it is not closed. Include your name as it appears on your return and your social security number.

For more information on rules and exceptions that may apply, refer to Chapter 4 of Publication 550, Investment Income and Expenses.

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 409, Capital gains and losses

A business is generally an activity carried on for a livelihood or in good faith to make a profit. Rather than being defined in the tax code, exactly what activities are considered business activities has long been the subject of court cases. The facts and circumstances of each case determine whether or not an activity is a trade or business. Basically, if your day trading activity goal is to profit from short-term swings in the market rather than from long-term capital appreciation of investments, and is expected to be your primary income for meeting your personal living expenses, i.e. you do not have another regular job, your trading activity might be a business.

If your trading activity is a business, your trading expenses would be reported on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship) instead of Form 1040, Schedule A (PDF), Itemized Deductions. Your gains or losses, however, would be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses, unless you file an election to mark to market under Internal Revenue Code Section 475 (f).

If your trading activity is a business and you elect to change to the mark-to-market method of accounting, you would report both your gains or losses on Part II of Form 4797 (PDF), Sales of Business Property. An election to mark to market generally must be made by the due date of the prior year's return.

A change in your method of accounting requires the consent of the Commissioner and can not be revoked without the consent of the Commissioner. Though there is no publication specific to day traders, the details for traders information for securities and commodities is covered in Internal Revenue Code Section 475(f) and Revenue Procedure 99-17, and as modified by Rev. Proc. 200-19 .

References:

• Publication 535, Business Expenses
• Publication 550, Investment Income and Expenses
• Form 1040 Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship)
• Form 3115 (PDF), Application for Change in Accounting Method
• Form 4797 (PDF), Sales of Business Property
• Internal Revenue Code Section 475(f)
• Revenue Procedure 99-17

There is no publication specific to DayTraders. But see the Instructions for Form 1040, Schedule D . The section "Traders in Securities" has information for DayTraders.

Internal Revenue Code section 475(f) and Revenue Procedure 99-17 apply only to traders who elect to use mark-to-market method of Accounting.

References:

• Publication 550, Investment Income and Expenses
• Publication 535, Business Expenses
• Form 3115 (PDF), Application for Change in Accounting Method
• Instructions for Form 1040, Schedule D
• Internal Revenue Code section 475(f)
• Revenue Procedure 99-17

Special rules apply if you are a trader in securities in the business of buying and selling securities for your own account. To be engaged in business as a trader in securities, you must meet all the following conditions.

. You must seek to profit from daily market movements in the prices of securities and not from dividends, interest, or capital appreciation

. Your activity must be substantial.

. You must carry on the activity with continuity and regularity.

The following facts and circumstances should be considered in determining if your activity is a securities trading business.

. Typical holding periods for securities bought and sold

. The frequency and dollar amount of your trades during the year.

. The extent to which you pursue the activity to produce income for a livelihood.

. The amount of time you devote to the activity.

If your trading activity is a business, your trading expenses would be reported on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship) instead of Form 1040, Schedule A (PDF), Itemized Deductions. Your gains or losses, however, would be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses, unless you file an election to change your method of accounting.

If you qualify for and elect to change to the mark-to-market method of accounting, you would report both your gains or losses on Part II of Form 4797 (PDF), Sales of Business Property.

The mark-to-market method of accounting cannot be revoked without the consent of the Secretary. Though there is no publication specific to day traders, the details for traders in securities and commodities are covered in Internal Revenue Code section 475(f) and Revenue Procedure 99-17.

If you elect to use the mark-to-market method of accounting, a security that you hold at the end of the tax year will generally be treated as sold at its fair market value on the last business day of the tax year. Any gain or loss must be recognized. That gain or loss is taken into account as an adjustment in figuring your gain and loss when you later dispose of the security. See Publication 550, Investment Income and Expenses, for general information on mark-to-market accounting rules.

References:

• Publication 535, Business Expenses
• Publication 550, Investment Income and Expenses
• Form 3115 (PDF), Application for Change in Accounting Method
• Form 4797 (PDF), Sales of Business Property
• Internal Revenue Code Section 475(f)
• Revenue Procedure 99-17

Yes, you can. The only requirement for using an average basis is that you acquired the shares at various times and prices, and you left the shares on deposit in an account handled by a custodian or agent who acquires or redeems those shares. An average basis method, once adopted, must be disclosed on your tax return and the method cannot be changed back without permission from the Commissioner of the Internal Revenue Service.

Before computing the basis of shares sold using an average basis, ensure that you have reduced your previous total basis by the cost of the shares accounted for using the FIFO method.

References:

• Publication 564, Mutual Fund Distributions

Either write the name of the average basis method used as a notation on Form 1040, Schedule D (PDF), Capital Gains and Losses , or attach a sheet to the Schedule D showing in detail how you computed the basis of the shares sold. Whenever you attach a statement to your return, include your name(s) and social security number(s). Also include "AVGB" in column (a) of Schedule D.

References:

• Publication 564, Mutual Fund Distributions
• Instructions for Form 1040, Schedule D

You cannot. You did not sell the assets that produced this income, the mutual fund did. All income that is taxed as ordinary income flows through to you as ordinary dividends, whether the income is from interest, dividends, or the sales of short-term capital assets.

In the same manner, you report capital gain distributions as long-term capital gains on your return regardless of how long you have owned the shares in the mutual fund. This is because the asset was held and then sold by, the mutual fund, not by you.

Report your total ordinary dividends (including the short-term capital gains in your mutual fund) on Form 1040, line 9a, or Form 1040A, line 9a, with your other ordinary dividends, if any. You may also have to file Form 1040, Schedule B (PDF) , Interest & Dividend Income or Form 1040A, Schedule 1 (PDF), Interest and Ordinary Dividends.

References:

• Tax Topic 409, Capital gains and losses
• Publication 550, Investment Income and Expenses

Your allowable capital loss deduction for any tax year, figured on Form 1040, Schedule D (PDF), is limited to the lesser of:

If you have a capital loss on line 17 of Schedule D that is more than the yearly limit on capital loss deductions, you can carry over the unused part to later years until it is completely used up. Refer to Publication 17, Your Federal Income Tax, or Tax Topic 409, Capital Gains and Losses, for additional information.

References:

• Publication 17, Your Federal Income Tax
• Form 1040, Schedule D (PDF), Capital Gains and Losses
• Tax Topic 409, Capital Gains and Losses

Your allowable capital loss deduction for any tax year, figured on Form 1040, Schedule D (PDF), is limited to the lesser of:

If you have a total net loss on line 17 of Schedule D that is more than the yearly limit on capital loss deductions, you can carry over the unused part to later years until it is completely used up.

For more information about capital gains and losses, refer to Publication 544, Sales and Other Dispositions of Assets.

References:

• Publication 544, Sales and Other Dispositions of Assets
• Form 1040, Schedule D (PDF), Capital Gains and Losses

The loss on the sale of a personal residence is a nondeductible personal loss.

References:

• Publication 523, Selling Your Home
• Tax Topic 409, Capital gains and losses

The foreclosure or repossession is treated as a sale or exchange from which you, the borrower, may realize gain or loss. However, if you realize a loss on personal use property, such as your residence, the loss is not deductible. Refer to Publication 544, Sales and other Dispositions of Assets, and Publication 908 (PDF), Bankruptcy Tax Guide, for more information.

References:

• Publication 908 (PDF), Bankruptcy Tax Guide
• Publication 544, Sales and other Dispositions of Assets

If you own securities and they become totally worthless, you can take a deduction for a loss, but not for a bad debt.

The worthless securities are treated as though they were capital assets sold on the last day of the tax year if they were capital assets in your hands. Report worthless securities on line 1 or line 8 of Form 1040, Schedule D (PDF), whichever applies. In columns (c) and (d), write "Worthless." For additional information, refer to Publication 550, Investment Income and Expenses (Including Capital Gains and Losses). For more information on bad debts, refer to Tax Topic 453, Bad Debt Deduction.

References:

• Publication 550, Investment Income and Expenses (Including Capital Gains and Losses)
• Form 1040, Schedule D (PDF), Capital Gains and Losses
• Tax Topic 453, Bad Debt Deduction

The loss on the sale of rental property is reported on Form 4797 (PDF), (Sale of Business Property) as ordinary loss.

References:

• Form 4797 (PDF), Sale of Business Property
• Publication 544, Sales and Other Dispositions of Assets

The losses (but not credits) that have not been allowed from your rental property in previous years including the current year generally are allowed in full in the tax year you dispose of the entire interest in the property.

More than one form or schedule may be required for reporting the loss. See Publication 525, Passive Activity and At-Risk Rules and Publication 544 , Sales and Other Disposition of Assets for information on the reporting of the sale of activities with unallowed losses.

References:

• Publication 925, Passive Activity and At-Risk Rules
• Publication 544 , Sales and Other Disposition of Assets

A business is generally an activity carried on for a livelihood or in good faith to make a profit. Rather than defined in the tax code, exactly what activities are considered business activities has long been the subject of court cases. The facts and circumstances of each case determine whether or not an activity is a trade or business. Basically, if your day trading activity goal is to profit from short-term swings in the market rather than from long-term capital appreciation of assets, if your income is primarily from the sale of securities rather than from dividends and interest paid on securities, and if you expect this income to be your primary income for meeting your personal living expenses, i.e. you do not have another regular job, then your trading activity might be a business.

For details about not-for-profit activities, refer to Publication 535, Business Expenses. That chapter explains how to determine whether your activity is carried on to make a profit and how to figure the amount of loss you can deduct.

If your trading activity is a business, your trading expenses would be reported on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship) , instead of Form 1040, Schedule A (PDF), Itemized Deductions. Your gains or losses, however, would be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses , unless you file an election to change you method of accounting.

If your trading activity is a business and you elect to change to the mark-to-market method of accounting, you would report both your gains or losses and your trading expenses in Part II of Form 4797, Sale of Business Property. See Publication 550, Investment Income and Expenses , for details.

A change in your method of accounting requires the consent of the Commissioner and can not be revoked without the consent of the Secretary. Though there is no publication specific to day traders, the details for traders in securities and commodities are covered in Internal Revenue Code Section 475 (f) and Revenue Procedure 99-17.

References:

• Publication 535, Business Expenses
• Publication 550, Investment Income and Expenses
• Form 3115 (PDF), Application for Change in Accounting Method

Unfortunately, the answer to this question has many variables. Publication 541, Partnerships "Disposition of Partner's Interest" on Partnerships should provide the information needed.

References:

• Publication 541, Partnerships