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Great thread! I went through this exact decision process last year with my Florida LLC. One thing I'd add is that while everyone's focusing on the election mechanics (which are all correct), don't overlook the operational side of maintaining TTS qualification. The IRS looks at four main factors: substantial trading activity (you've got this with 200+ trades), regularity and continuity of trading, holding periods (should be short-term focused), and profit motive from price swings rather than dividends/appreciation. I kept detailed logs of my daily trading hours, market analysis time, and trading strategy notes. This documentation became invaluable when my CPA prepared my return and helped justify the TTS claim. The single member LLC structure worked perfectly - no need to convert to S-Corp just for these elections. Also consider opening a separate business checking account for all trading-related expenses if you haven't already. Makes the expense tracking much cleaner and reinforces the business nature of your trading activity.
This is really helpful advice about the documentation aspect! I've been focused so much on the technical requirements that I hadn't thought about keeping detailed logs of my trading activities. Do you have any recommendations on what specific details to track daily? I want to make sure I'm documenting everything the IRS would want to see if they ever question my TTS status. Also, great point about the separate business checking account - I've been mixing some of my trading expenses with personal accounts which is probably not the best practice for supporting the business nature of my activities.
For daily documentation, I track: hours spent trading/researching (start/stop times), number of trades executed, brief notes on trading strategy or market analysis, and any business-related activities like platform research or education. I use a simple spreadsheet with date, hours, trade count, and notes columns. The key is consistency - even if it's just 2-3 lines per trading day, having months of records showing regular, substantial activity really strengthens your TTS case. I also save screenshots of my trading platforms showing active positions and research tools I'm using. Definitely get that separate business account set up! Not only does it clean up your expense tracking, but it shows the IRS you're treating this as a legitimate business operation. I run everything through it - data subscriptions, equipment, home office expenses, even mileage to trading seminars. Makes tax prep so much easier and supports the business classification.
This is exactly the kind of comprehensive discussion I needed to see! I'm in a similar situation with my trading LLC and was getting overwhelmed by all the conflicting advice out there. One additional consideration that might be worth mentioning - if you're planning to scale up your trading operation significantly, you might want to think about the self-employment tax implications. With a single member LLC and TTS status, your trading income will be subject to SE tax, which can add up quickly on larger profits. This is where the S-Corp election could potentially save you money down the road - you can pay yourself a reasonable salary (subject to payroll taxes) and take the rest as distributions (not subject to SE tax). But that's more of a consideration for when you're consistently profitable at higher income levels. For now, sounds like your single member LLC with TTS and Section 475 elections will serve you perfectly well. The flexibility and simplicity are huge advantages when you're still building your trading business.
One thing nobody's mentioned - sometimes banks DO get tax breaks from local governments as incentives to build headquarters or operations centers in certain areas. My city gave Bank of America a 50% property tax reduction for 10 years to build their operations center here instead of the neighboring city. Created about 2,000 jobs but definitely a sweetheart deal on the taxes.
Yeah this happens all the time with big corporations. Cities compete against each other with tax incentives. Is that even legal? Seems unfair to small businesses and homeowners who don't get these deals.
Yes, it's completely legal for cities and counties to offer tax incentives to businesses - it's called economic development policy. These Tax Increment Financing (TIF) districts and abatement programs are authorized by state law in most places. The idea is that the jobs and economic activity generated by a major employer like a bank operations center will eventually produce more tax revenue than the city loses from the incentive. That said, I understand the frustration about fairness. Small businesses and homeowners don't have the same negotiating power to demand these deals. Some cities are starting to require "clawback" provisions where companies have to pay back the tax breaks if they don't meet job creation or wage commitments. It's definitely a controversial topic in local government - balancing economic development with tax equity.
This is really eye-opening! I had no idea these TIF districts and tax abatement programs even existed. As someone who's been paying full property taxes on my home for years, it's frustrating to learn that major corporations can negotiate these deals while regular folks like me just get our annual tax bill with no room for negotiation. The "clawback" provisions sound like a good compromise though - at least there's some accountability if companies don't deliver on their promises. Do you know if there's a way for residents to find out what tax incentives have been given out in their area? I'd be curious to see what deals my city has made.
Fun fact - only about 30 states actually have vehicle fees based on value that qualify as deductible taxes. If you're in one of the other 20 states, your registration fees are just fees, not taxes, and aren't deductible at all even if you itemize. I learned this the hard way!
That's a really helpful point about only 30 states having value-based vehicle taxes! I'm curious - is there an easy way to find out if your state is one of those 30? I don't want to go through the hassle of trying to figure out which portions of my registration might be deductible only to find out my state doesn't even have deductible vehicle taxes. Also, for those states that do have them, does the IRS publish any guidance on what the fees are typically called on registration documents? It seems like every state uses different terminology which makes this really confusing for taxpayers.
Just went through this exact process with my consulting LLC that elected S-Corp status. A few key points that might help: 1) You're absolutely right to be frustrated about the $850 fee for zero-activity returns, but unfortunately it's required. However, you can significantly reduce costs by doing some of the prep work yourself. Since you had no business activity, your Form 1120-S will basically be all zeros except for basic entity information. 2) For the EIN notification, I sent a simple letter to the IRS Business & Specialty Tax Line at the Cincinnati processing center. Include your business name, EIN, date of dissolution, and a brief statement that the entity has been dissolved. Keep a copy for your records. 3) Don't forget about your state requirements - many states require a final franchise tax return even with zero activity, and some have specific dissolution tax forms. The penalties for missing these can be worse than just filing them. 4) One money-saving tip: if both LLCs are in the same state and have similar structures, see if your accountant will give you a discount for preparing both final returns together. Mine knocked off about 20% for the second entity since most of the work was duplicated. The whole process is definitely a pain for inactive businesses, but better to close them properly than deal with ongoing compliance issues down the road.
This is really helpful, especially the tip about getting a discount for multiple entities! I'm definitely going to ask my accountant about that since both LLCs have identical situations. One question about the EIN notification letter - did you send it certified mail or just regular mail? I want to make sure there's some record that the IRS received it, especially since I've heard horror stories about the IRS claiming they never got important documents. Also, do you remember roughly how long it took to get confirmation that they processed your notification, or did you just assume it went through after sending it?
I sent mine certified mail with return receipt requested - definitely worth the extra few dollars for peace of mind! The IRS doesn't typically send back a confirmation letter, but the certified mail receipt shows they received it. I also kept copies of everything (the letter, certified mail receipt, and my state dissolution documents) in one folder in case I ever need to prove I properly closed the businesses. Never got any follow-up from the IRS, which I took as a good sign. For what it's worth, I also called the IRS business line about 6 months later (using that Claimyr service someone mentioned earlier) just to double-check that my EIN showed as "inactive" in their system. The agent confirmed they had my notification on file and the business was properly closed in their records. Made me feel much better about the whole process.
I'm going through a similar situation right now with my small consulting LLC that I'm dissolving. Reading through all these responses has been incredibly helpful - especially learning that you don't actually "cancel" an EIN but just notify the IRS of the dissolution. One thing I wanted to add that might help others: if you're looking to save money on the final tax returns, consider asking your accountant if they offer a flat fee for "zero activity" final returns. I found one who charges $275 for S-Corp final returns when there's literally no business activity to report - just filling in the basic entity info and checking the "final return" box. Also, for anyone else dealing with this, make sure you check if your state has any annual report filings that need to be completed before dissolution. I almost missed my state's final annual report, which would have kept the entity technically "active" even after filing articles of dissolution. The certified mail suggestion for the EIN notification letter is spot on too - that return receipt is your proof that the IRS received your notification. Worth every penny for the peace of mind.
That's a great point about the annual reports! I completely forgot about those when I was planning my dissolution timeline. Quick question - did you have to file the final annual report before submitting the articles of dissolution, or could you do them simultaneously? I'm worried about timing this wrong and creating unnecessary complications. Also, $275 for a zero-activity final return sounds much more reasonable than the $850 quote the original poster got. Mind sharing what region you found that accountant in, or if they work remotely? I'm in a similar boat and would love to save some money on what should be a pretty straightforward filing.
Fatima Al-Rashid
dont forget about state taxes too! My state (california) has different rules about startup expenses than federal. I deducted my startup costs correctly on federal but messed up on state and got a nasty letter from the franchise tax board. Make sure you check your state tax rules too!
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Giovanni Rossi
ā¢Oh yikes I didn't even think about state rules being different! What happened with California? I'm in NY and now worried about this.
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Amara Eze
ā¢California doesn't automatically conform to federal startup cost rules - they have their own provisions under Revenue and Taxation Code Section 17201. While federal allows the $5,000 immediate deduction with 15-year amortization for the excess, California may require different timing or calculations. You're smart to worry about NY! New York also has non-conforming provisions and their own rules for startup expenses. I'd strongly recommend checking with a tax professional familiar with NY state tax law or reviewing the specific NY tax forms and instructions before filing. Each state can have different definitions of what constitutes "startup costs" versus regular business expenses, and the timing rules can vary significantly from federal treatment.
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CosmicCaptain
Great question! You're definitely on the right track thinking about this carefully. Based on what you've described, you would NOT file a Schedule C for 2024 since your business wasn't operational yet (no income, no active business operations). The IRS considers startup costs to be deductible in the tax year when your business "begins" - which sounds like 2025 in your case when you actually started generating income and conducting business activities. So your $4,700 in startup expenses from 2024 would be claimed on your 2025 Schedule C. You can deduct up to $5,000 in startup costs immediately in your first year of business operations (2025), and since your costs are under that limit, you should be able to deduct the full $4,700 on your 2025 return. Just make sure to keep detailed records of all those expenses with receipts and documentation showing they were legitimate business startup costs incurred before you began operations. One thing to double-check though - if any of those expenses were equipment purchases (computers, tools, etc.), those might qualify for Section 179 depreciation instead of being treated as startup costs, which could be more beneficial tax-wise.
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