Mark To Market accounting
Exactly what is Mark to Market?
According to the IRS: "A trader in securities or commodities may elect under section 475(f) to use the mark-to-market method to account for securities or commodities held in connection with a trading business. Under this method of accounting, any security or commodity held at the end of the tax year is treated as sold (and reacquired) at its fair market value (FMV) on the last business day of that year."
What this basically means is that all open positions at year end are "marked to market" or priced to year end market prices to close out the position on paper. Your open positions are still open, but now the the year end prices become the cost basis of these going into next tax year.
The Pros and Cons of MTM
Benefits:
If you are a active trader in securities or commodities, with a mark-to-market election in effect for the current tax year, then the following benefits can be yours:
- Gains and losses from all securities or commodities held in connection with your trading business are treated as ordinary income and losses, instead of capital gains and losses.
Normally, if your capital losses exceed your capital gains, the amount of the excess loss that can be claimed is limited by the IRS to $3,000 (or $1,500 if you are married filing separately). If your net capital loss is more than this limit, you can carry the loss forward to later years. Now imagine a year where you lost $100,000! How many years would it take to recoup that at a rate of $3,000 per year?
With MTM status the limitation on capital losses do not apply. Therefore, if you had such a substantial loss, you may deduct this loss against all other types of taxable income without the normal $3000 loss limitation.
- Mark to Market accounting provide a type of "tax loss insurance" as losses can be carried back two tax years. This is great news for active traders, who may have made a killing for one or more years only to have a substantial loss the following year. If you have no other income to offset this large loss, you may amend the previous two years tax returns and get a refund! No one like to lose money, but knowing you have some recourse to recoup some of those losses in case you do is quite comforting.
- The wash sale rule does not apply to securities or commodities held in connection with your trading business when you have MTM trading status. This is also great news for active traders and may save quite a bit of heartache come tax time - see our Wash Sales: How they affect me trader tax topic.
Downside?
Mark to Market accounting is not without some downside. And that is if you have a large gain at year in one or more securities that you have not as yet sold, you are forced to close those positions (on paper) at year end prices and potentially increase this year's gain, rather than deferring the gain to next year as with normal realized gains (you normally do not realize your trading gains until you actually close the position). This is true whether you are long or short, so be aware if this at year end if you have elected MTM.
How to Elect Mark to Market:
IRS Pub 550: How To Make the Mark-to-Market Election states:
To make the mark-to-market election for 2004, you must file a statement by April 15, 2004. This statement should be attached to either your 2003 individual income tax return or a request for an extension of time to file that return. The statement must include the following information.
- That you are making an election under section 475(f) of the Internal Revenue Code.
- The first tax year for which the election is effective.
- The trade or business for which you are making the election.
If you are not required to file a 2003 income tax return, you make the election by placing the above statement in your books and records no later than March 15, 2004. Attach a copy of the statement to your 2004 return.
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 2002 ? 9. Revenue Procedure 2002 ? 9 requires you to file Form 3115, Application for Change in Accounting Method. Follow its instructions. Label the Form 3115 as filed under "Section 10A of the APPENDIX of Rev. Proc. 2002 ? 9."
Once you make the election, it will apply to 2004 and all later tax years, unless you get permission from IRS to revoke it. The effect of making the election is described under Mark-to-market election made, earlier.
MTM Election Deadline:
Unless you are a new taxpayer, the election must be made by the due date (not including extensions) of the tax return for the year prior to the year for which the election becomes effective. In other words, if you have not made this election by April 15 of the current tax year, then you have to wait till next year to do so.
How to report MTM Gains & Losses:
If you made the mark-to-market election, you should report all gains and losses from trading as ordinary gains and losses in Part II of Form 4797, instead of as capital gains and losses on Schedule D. In that case, securities held at the end of the year in your business as a trader are marked to market by treating them as if they were sold (and reacquired) for fair market value on the last business day of the year.
Do not mark to market any securities you held for investment. Report sales from investments on Schedule D, not Form 4797. Those who have elected the Mark to Market accounting method with the IRS report their gains and losses on the IRS form 4797- Sales of Business Property - line 10.
Professional Mark to Market software:
GTT TradeLog? was designed to meet the tax needs of active traders in securities who have elected or are about to elect the mark to market (MTM) accounting method. In addition to automating the process of importing your trades from your online broker and matching them properly for attaching to your from 4797, GTT TradeLog? provides the necessary Mark to Market accounting procedures and reports which greatly simplifies the filing of your trader tax return.
Please note: This information is provided only as a general guide and is by no means to be taken as official IRS instructions. As always, please consult your tax advisor or accountant for details.
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