Becoming a day trader is a carer path you can launch from home on your laptop. To claim write-offs as a business, you have to prove day trading is your career, and not just an investing strategy. Anderson Advisors says if you can show the IRS you treat investing as a business, you can claim better tax breaks than if you're just an investor.

The IRS says to prove you're investing as a business requires substantial, continuous day trading. If you can show you qualify, you can write off trading costs as business expenses. Regular investors have to itemize expenses.


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The IRS says day-trade investing as a business is a different animal than regular investing or occasional day-trading for kicks. The IRS defines investors as those who make their money off dividends, interest or capital appreciation over time; traders make money off the daily fluctuations in stock. To qualify for trader tax status, your day-trading has to be substantial, continuous and regular. An occasional gamble won't cut it.

Mike Gingerich says day trading is a cheap business to start. You can trade from home, as long as you have a computer and a suitable software platform for trading. You'll also need a business brokerage account to make the trades for you. While stocks are an obvious day-trading choice, you can invest in cryptocurrencies or foreign exchange if you know those markets. You need to decide on a trading strategy, including the time of the day when you can squeeze the maximum profit out of market fluctuations.

You can run your business as a sole proprietorship, but stock trading through a limited liability company (LLC) is an option. If you set your business up as an LLC that elects to be taxed as an S corporation, Forbes says, you can claim write-offs for health insurance and retirement plan contributions that aren't available to a sole proprietor. The paperwork requirements for launching an LLC are more demanding, though.

A regular investor reports the results of stock sales as capital gains or losses. Because they're not in a business, they can only deduct trading expenses if they itemize deductions, and only those expenses that exceed 2 percent of adjusted gross income. There's a limit to how much of a capital loss they can write off if their investments go bad.

Fraser Sherman has written about every aspect of business: how to start one, how to keep one in the black, the best business structure, the details of financial statements. He's also run a couple of small businesses of his own. He lives in Durham NC with his awesome wife and two wonderful dogs.

This is the most accessible type of trading business to start and operate. Your job is to match buyers and sellers, and, along the way, take a commission each time you complete a transaction or trade. In this business, you rely on your contacts and your market knowledge. If you learn that an exporter needs to move 50,000 tons of wheat and you know that Russia had a weak harvest due to bad weather, you should have no trouble finding a buyer for the wheat in Russia. You are not responsible for the exporter getting paid, but you have an interest in the transaction because the seller will pay your commission upon completion of the transaction.

Jimmy's background includes over 40 years in international, commercial, and investment banking, and nearly a decade as the principal shareholder and CEO of a rapidly growing manufacturing and distribution business in California. Today, Jimmy spends his time advising and consulting with entrepreneurs on matters related to business planning, as well as capital markets and funding strategies. Jimmy works with clients throughout the world in industries that include financial services, real estate, manufacturing and hospitality. View details.

My client is a small limited company (t/over under 150k) and VAT registered in the construction industry. He was taken to court by a prior customer and lost the case owing 3k in damages and legal fees. His financial year has just ended (october) and he has just filed a VAT return (unpaid due Dec). His only creditor is the bank to whom he owes 15,000 on his overdraft. He has approached me to ask whether he would be able to dissolve the company and write off the debts (including the corporation tax due for the year ended and the VAT). He would then look to start up a new limited company and commence trading as before with the slate wiped clean.

Please could someone advise whether it would be feasible for him to take this course of action and any potential issues that may arise, with regards to starting up a new limited company. None of the company debts are secured against his personal assets (frankly he has none apart from a modest car).

Well, I think it doesnt really matter what you do or who you screw up in the process.

Here is a question for you:

I know a local company in the building trade who has gone bankrupt owing several hundred thousand pounds. He has now set up a new business WITH EXACTLY THE SAME NAME but in a different area (same company directors, him and his wife) how can he be allowed to do this?

He has had several companies, at the moment i believe he own at least 5 or 6. He is in debt to the tune again of several hundred thousand and recently bought a house for over half a million GBP. Is what he is doing legal? Can he start up again with exactly the same name as the one that went bust owing hundreds of thousands, simply by registering in another county?

I would love to hear your comments on this.

If its legal, im in the wrong trade. No wonder i never make money. I have had the same business for several decades and struggle by year on year.

Limited liability (and bankruptcy) gives people the opportunity to start over and get it right next time. Sure, not everyone does, but a lot of people learn from insolvency/bankruptcy and go on to get it right and then be more productive and contribute to society more. That's why it's an option, as opposed to having to live with your mistakes (or misfortune) forever.

If the company is unable to pay its debts when they fall due it is insolvent !!!...and the appropriate action is to cease trading immediately and to appoint a liquidator,...likely they will not be interested (as no assets) so advise all creditors , companies house and HMRC that the company is insolvent, no funds to pay a liquidator and invite them to make a formal winding up order.....no one will... you can then just leave co in limbo.....and start up again................There are plenty out there that do this deliberately and get away with it time and time again......................

May be your chap has not done this deliberately and would be better off just getting a job rather than running a business.....a job on the council pays a very good pension I hear with generous benefits, holiday and sick pay entitlement !.............beats being the one paying for it !

I know your client can start again (and should be able to, within reason) but perhaps he doesn't deserve the benefit of limited liability protection a second time. His aggrieved customer's slate isn't wiped clean - how would we feel in that position?

The version of events that my client presented was that he had fitted a floor for a customer in London (not a penniless pensioner but someone who could afford an oak floor at several thousand pounds - not that it's relevant but just to put everyone's mind at rest). The customer called my client several months later concerned that the floor had started to buckle. My client went to visit his house to check the condition for himself at his own expense and advised his customer that this kind of damage might be caused by washing the floor with water, which he should not do. He also advised him that the supplier that had provided the wooden flooring provided a generous guarantee/warranty on the flooring so if necessary they could arrange a replacement. Presumably feeling fobbed off the customer decided to take it apon himself to bring in another guy to replace the flooring and the legal case was the customer trying to reclaim the cost of having the flooring replaced.

@Bob Long I think you should read my original post. He is a limited company and looking to close it down to start a new limited company. He has traded for well over a decade and paid every penny of corporation tax, personal tax and VAT due. His businesses has provided work for several local subcontractors and kept both him and his wife from being required to claim jobseekers allowance as I doubt at his stage of life he would be able to find employment in the construction industry. Just because we are in the midst of an economic crisis does not mean we can assume that everyone who struggling financially is looking to take the proverbial.

Interesting insight

What a fascinating string, I am not an accountant but a business owner and what an insight it is reading through the comments. There are a obviously some accountants out there that really understand the pressures that the current state of the economy exerts on their clients, but some that have no idea at all. In fact some seem to despise any client who fails or does not keep perfect accounts. The idea that because you have a failed business means you should be punished Is ridiculous, make it much harder to run or start a business in this country and less will be started, less business's being started means less accounting revenue. Running a business is something you get better at and the more you learn, like anything, the better you get, even accounting. Should we stop an accountant practising because he made a mistake on some ones accounts?

There are crooks out there but the majority of business owners are just trying to get on and in the process they put their security on the line as well a suffering endless sleep less nights

1. Can my clien set up a new company on 31 December 2015 and start trading with the new name and at the same premises from 1 January 2016?

2. If they dissolve the company can my client buy it back later as a former director and transfer the old company to the new one and retain the combined financial investment to date of 50,000.00?

3. If they dissolve the companyy and my client buy it back in 3 months time can get the FCA license transferred to the new company or has to apply again?

4. Can my client continue the new business in the leasehold property until the term of the lease expires or he has to re-negotiate a new lease agreement with the landlord?

5. How can the business be valued to determine what is due to both as a pay-off?

6. Do they have to prepare a set of accounts to know the position? ff782bc1db

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