Day Trading Losses: Capital or Business?
Trader status, Section 475, wash sales, expenses, and records.
The practical answer
Trader status, Section 475, wash sales, expenses, and records. Confirm the facts and evidence first, apply the relevant rule second, and document the decision and follow-through.
Decisions to organize
Use these decision points to turn the topic into verifiable actions.
- Document trading activity
- Separate investment from business facts
- Review election deadlines
Evidence checklist
- Brokerage and exchange statements
- Trade confirmations and basis reports
- Credit-card statements and annual-fee records
- Insurance premiums and claim documents
- Charitable and investment records
Issues to flag for review
- Relying on a broker’s incomplete basis
- Ignoring wash sales across accounts
- Calling personal spending business use
- Confusing a deduction with a credit
Frequently asked questions
What should I review before acting?
Trader status, Section 475, wash sales, expenses, and records.
When should professional review be added?
Add review when facts, forms, deadlines, elections, or consequences remain uncertain.
Sources and important note
General educational material based on the official sources below. Confirm tax-year facts and your individual circumstances before filing or acting.
Turn the guide into a plan.
Bring the records, questions, and deadlines that apply.