[HN Gopher] Robinhood Trader May Face $800k Tax Bill
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       Robinhood Trader May Face $800k Tax Bill
        
       Author : rmason
       Score  : 39 points
       Date   : 2021-04-20 19:53 UTC (3 hours ago)
        
 (HTM) web link (www.forbes.com)
 (TXT) w3m dump (www.forbes.com)
        
       | kevinpet wrote:
       | It's utter bullshit to say he has that tax bill on a net profit
       | of $45k. That's not how the wash sale rule works. The only way he
       | could end up in that situation is if he ended the year holding
       | positions with $2M in unrealized losses.
       | 
       | Also, $1.4M in gains but $800K in taxes? Even California doesn't
       | tax like that.
       | 
       | I'm not sure if it's more charitable to assume the article is
       | intentional lies for page views or finance reporters who know
       | nothing about the industry they supposedly cover.
        
         | DrAculaPHD wrote:
         | It's FUD from Citadel trying to stir up mistrust in retail
         | traders.
        
           | vkou wrote:
           | 1. You shouldn't have any trust in RobinHood to begin with -
           | not because they behave illegally or maliciously, but because
           | they often behave _incompetently_. If you 're going to day-
           | trade, use a better exchange - one that's not ran like a
           | circus.
           | 
           | 2. The Citadel/Melvin/Reptilian wrecker, saboteur, and
           | boogieman as the source of all unexplained events, price
           | movements, and news is a ridiculous, unsubstantiated meme.
        
           | mehlmao wrote:
           | That seems completely unfounded. Citadel benefits from
           | payment for order flow from retail traders. They do not gain
           | by scaring them away.
        
         | the-rc wrote:
         | NYC? In NY state, once you hit the top bracket at 1.1M, it's a
         | flat rate applied to all income, not a marginal rate. Then you
         | have the 3.8% Obamacare surtax on investments.
        
       | subsubzero wrote:
       | These financial sites and their dumb tax bill scares. Its
       | complete and utter nonsense. I remember after the gamestock share
       | price run up there was scaremongering about enormous tax bills in
       | cnbc and other sites like retail investors making a little money
       | is so bad.
        
       | whydoineedthis wrote:
       | There is a "Wash sale" rule that prohibits writing off losses on
       | stocks purchased within 31 days of their sale, but they don't
       | apply to day traders.
       | 
       | https://www.irs.gov/taxtopics/tc429
       | 
       | He will need a good CPA to declare which assets were long term
       | investments and which fall under mark-to-market day trading
       | rules, but he won't need to pay $800k.
       | 
       | tl;dr: clickbait (mostly), but do read up on the wash-sale rule
       | if you intend on day trading in order to save yourself an end of
       | year headache.
        
         | EMM_386 wrote:
         | > but they don't apply to day traders
         | 
         | How does this work for bot trading? Is that considered day
         | trading?
         | 
         | Crypto bots are popular. When you trade cryptocurrency for
         | another crypto, you are taxed on the value at which you sold it
         | in USD, net the amount for which you purchased it in USD.
         | 
         | Would this be done mark-to-market?
         | 
         | I'd imagine a lot of traders thinking they can easily plug in
         | the latest bot into their Binance account are in for a surprise
         | when they see the size of the return they have to file.
         | 
         | I'm only talking about the US regulation here.
        
           | astrange wrote:
           | Wash sale rules (the problem here) don't apply to crypto
           | because it's considered property and wash sales only apply to
           | "stocks and securities". You can definitely get into trouble
           | if you do something like sell at a gain at the end of the
           | year and instantly lose it all though.
        
         | GloriousKoji wrote:
         | Slight off topic but how does one find a good CPA when they
         | don't have access to trusted referrals?
        
         | duggable wrote:
         | My understanding is that he can still count these losses
         | towards the cost basis of the stocks, so it's not like the
         | money is gone - just absorbed into the capital gains that will
         | be calculated when he does sell. And if he had sold these >= 30
         | days before the end of the year, he would have been able to
         | claim the losses on this year's taxes.
         | 
         | Edit: all that to say, I agree that it's clickbait.
        
         | varispeed wrote:
         | What this difference in tax aims to achieve? It seems like it
         | is so complex it reminds me of parking meters with confusing
         | signage designed to trap people not familiar with the area. Was
         | that lobbied by existing traders to gatekeep their cake?
        
           | toast0 wrote:
           | Under (default) investor rules, you recognize income (or
           | losses) only on sales or dividends (or taxable
           | reorganizations), and can get long term capital gains, have a
           | low limit on offsetting losses against ordinary income, can
           | carry forward excess losses forever, and have the wash sale
           | rule.
           | 
           | Under trader rules, you must recognize gains (or losses) at
           | the end of each year, and don't get capital gains rates, but
           | you can offset income with losses all the way to $0, loss
           | carryforward is time limited, but you can also carry back a
           | few years.
           | 
           | I'll keep my tax deferral and long term capital gains rates,
           | thanks; but if I were a frequent trader, it seems like the
           | alternate regime is simpler.
        
             | marshray wrote:
             | I've read 10 or 20 books on trading and investing and never
             | heard it explained like this. Thanks.
        
           | rmah wrote:
           | The wash trade rule is to prevent people from taking a loss
           | at the last day of the tax year to offset gains in other
           | securities. Then re-buying it on the first day of the next
           | tax year to "reset" the cost basis. In short, it's to prevent
           | tax evasion shenanigans. Tax law is complex because people
           | will spend a lot of effort to find loopholes. Closing these
           | loopholes one after another creates the complexity.
        
             | marshray wrote:
             | But why shouldn't you be able to take your losses at the
             | end of the year if you so choose?
             | 
             | It makes no sense.
        
             | varispeed wrote:
             | How do you take a loss? Do you organise a press conference
             | and then tell the media that the company you have shares of
             | is bad? Wait for the shares to tank, sell. When the new tax
             | year comes, buy all the shares and then organise press
             | conference again to say sorry and it was just a prank?
        
         | dcolkitt wrote:
         | This is not correct. Wash sale rules apply unless you make a
         | mark-to-market election in the prior year.
        
           | whydoineedthis wrote:
           | true about the mark-to-market specific election, it does need
           | to be done the year prior and makes things for the following
           | year earlier. He will still get out of the tax bill though
           | through documentation.
           | 
           | > A trader must keep detailed records to distinguish the
           | securities held for investment from the securities in the
           | trading business. The securities held for investment must be
           | identified as such in the trader's records on the day he or
           | she acquires them (for example, by holding them in a separate
           | brokerage account).
        
           | simplerman wrote:
           | Except for the first year in business, you can make that
           | selection at the tax time of current taxes.
           | 
           | EDIT: I am wrong: https://www.optionstaxguy.com/mark-to-
           | market
        
       | fis wrote:
       | How is it possible for the tax liability to exceed the profit?
       | The article mentions wash sales, but it doesn't explain what
       | sequence of such trades can cause this situation.
        
         | fat_pikachu wrote:
         | You buy security X for $1000 and sell it for $100. You
         | immediately repurchase security X for $100 and sell it for
         | $1100.
         | 
         | You made a net profit of $100 but are taxed on $1000 because
         | you can't write off the $900 loss.
        
           | Schweigi wrote:
           | This is not how it works under the wash sale rule. In your
           | example, the $900 loss would be added to the cost base when
           | doing the second purchase. Because of that, the sell at $1100
           | will have a cost base of $1000.
        
       | dcolkitt wrote:
       | HFT trader here. I've commented on this story in another context,
       | but I'm virtually certain there's an error with how Robinhood is
       | calculating wash sale adjustments.
       | 
       | First, it is true that you can't deduct a capital loss if you buy
       | the security back in 30 days. _However_ that loss does rolll into
       | an adjustment on the cost basis of the next trade you make in the
       | security. So as long you have a net trading profit on the stock
       | over the year, then you don't incur any additional tax liability.
       | 
       | Really the only way to get screwed by the wash sale rule is if
       | you're making a net loss on a specific security. This might be
       | common in a high frequency pairs trading strategy. Say you make
       | $10 million net profit trading stock A but lose $9 million
       | trading stock B because you use it as a hedge. In this case you
       | genuinely would be stuck with a $10 million tax liability despite
       | only making $1 million in actual profit.
       | 
       | However in this case, I really doubt that's what happened. The
       | IRS rules on wash sales were written in a bygone era when high
       | frequency trading didn't exist. The rules are very poorly worded
       | and hard to interpret.
        
         | toast0 wrote:
         | As long as you don't make a wash sale between a purchase in an
         | IRA (or maybe 401k) and a sale in taxable, the disallowed loss
         | (as well as the holding period) is added to the cost basis of
         | the replacement purchase.
         | 
         | This delays recognizing the loss, and maybe you end up with a
         | big gain in one year and a big loss in the next year, but you
         | only really get screwed in the IRA case where the loss is
         | disallowed in the taxable account and the basis isn't adjusted
         | in the IRA; in that cass, the loss just evaporates.
        
         | mattnewton wrote:
         | > but I'm virtually certain there's an error with how Robinhood
         | is calculating wash sale adjustments.
         | 
         | Or, maybe it could be turbo tax importing the wrong info? IIRC
         | they did not import the cost basis from employee purchase plan
         | sales in my ETRADE account one year and treated it as a cost
         | basis of 0. The trader in the article definitely needs to hire
         | a CPA.
        
         | [deleted]
        
       | cj wrote:
       | It boggles my mind that someone making 10-50 trades _per day_
       | with a trading volume of $200,000 and $2 million _per day_ is
       | doing so using Robinhood.
       | 
       | Yes, Robinhood is an easy app to use.
       | 
       | But at that volume, you really should be using a legitimate
       | trading platform with fully built out functionality designed for
       | people trading with that kind of volume.
       | 
       | I want to blame Robinhood for this (and I think they should
       | obviously fix issues such as selling shares on a First In First
       | Out basis, which isn't always optimal for tax purposes) but I
       | can't blame Robinhood fully for this.
       | 
       | If you're going to play the game at a professional level it's
       | kind of your responsibility to know the rules and to pick the
       | right tools for the job. Robinhood is clearly not built for
       | people trading millions of dollars per day.
        
         | asdff wrote:
         | Some use robinhood for trades but use other software for
         | charts. It's convenient and fast enough.
        
         | happytoexplain wrote:
         | >a legitimate trading platform with fully built out
         | functionality designed for people trading with that kind of
         | volume
         | 
         | Note that many people have no reason to believe that Robinhood
         | does not match this description (even I only assume it doesn't,
         | but that's only based on perception, not anything remotely
         | objective - I can't trade in quantities above 3 or 4 digits, so
         | I don't feel the need to invest my time in learning the
         | differences between Robinhood and more "legitimate" platforms).
         | 
         | Like you say, they do have a responsibility to _learn_ such
         | things, once they are trading in such volume, but Robinhood
         | also creates zero barrier to entry, and knowing what you don 't
         | know is a real skill, and with those two facts, we do have to
         | be thoughtful about precisely where we lay blame.
        
           | cj wrote:
           | > Note that many people have no reason to believe that
           | Robinhood does not match this description
           | 
           | I disagree with this. To me, it's like saying "I build
           | websites using Squarespace WYSIWYG, but I'm unaware that
           | there are a whole lot of engineers out there building
           | websites with code."
           | 
           | Anyone trading millions of dollars a day is aware of
           | platforms like thinkorswim which alone shows how limited
           | Robinhood is.
        
       | [deleted]
        
       | g123g wrote:
       | If a user uses $1M of his own money to trade and make 100K in
       | profit. Does he owe taxes on 100K or 1.1m?
        
         | simplerman wrote:
         | On $100K.
        
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