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Can a day trading taxable income be more than the actual capital gain?

Personal Finance & Money Asked by giorgijaparidzevillanovaedu on June 27, 2021

I’ve day-traded (in USA) actively during 2020, mostly short trades. Never kept positions overnight, so carried no positions into 2021 (and, similarly, no positions were carried from 2019 into 2020. The cash in the account at the beginning of the year was $300,000, and was about $400,000 at the end of the year. Thus, the actual gain was $400,000-$300,000=$100,000. But my accountant is telling me that the taxable gain, according to form 1099, is $130,000 instead. Explains this discrepancy by some wash-sale rules, but it all appears so absurd that I cannot believe. Shall I assume an error somewhere, or is it really possible that I can be taxed on more than what my actual capital gain was?

more info from the comments:

  • the trades were commission-free. Even if not, the 30% difference is to big to be attributed to some hidden fees.
  • no money was pulled in or out of the account

One Answer

If you realize a loss and within 30 days before or after that loss you acquire replacement shares, you incur a wash sale violation. That means that loss must be deferred and the cost basis of the replacement shares must be adjusted.

If you close such positions before the end of the current year, you get claim your loss.

If you carry wash sale violation positions into the next calendar year, you do not get to deduct the loss in the previous year and that results in a larger taxable cap gain income than you actually had.

A large carryover loss could be problematic if you do not have Tax Trader Status because if you do not achieve capital gains in later years then you will be limited to a $3k deduction per year.

Answered by Bob Baerker on June 27, 2021

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