Are traders under tax attack on futures tax rates, hobby loss rules, trader tax status, carried-interest and financial-transaction taxes?


Click here for our free Webinar recording (audio and video). Requires plug-in beforehand for PC users (see note).

Mac and other users click here for our Podcast in mp3 format.
This is good for streaming audio on a smartphone. You don't need the video on this Webinar.


Hosts: Robert A. Green CPA  and Mark Feldman JD     


Are lower 60/40 tax rates on futures in jeopardy?

Andrew Ross Sorkin wrote a story "An Addition to the List of Loopholes" for the New York Times (July 11) with quotes from Robert Green about a potential attack in Congress on perceived special tax breaks for futures traders. Green defends futures tax treatment on his Forbes blog "Hey Mr. President, Traders Need Tax Breaks Too" (July 13). Green discussed this issue to start last week's Webinar. It's unfair to say that traders get tax loopholes or breaks overall when you consider the many tax attacks on traders.   


 IRS hobby loss rules are a growing threat to traders.

We discussed hobby loss rules on last week's Webinar. Feldman has explored the matter further with Green. We don't think the IRS can successfully apply hobby loss rules against business traders or investors in the financial markets. So don't let the IRS deny your tax losses and business expenses (Section 162) or investment expenses (Section 212) with application of hobby loss rules. Agents are intimidating traders with the hobby loss audit program; we can help you fend them off. We covered this area nicely and it's very valuable to traders dealing with the IRS or their state on this issue.    


Another trader loses a tax court case.

Per Thomas Reuter's PPC, "In 2000, 2001, and 2002, taxpayer [Richard Kay] executed 313, 172, and 84 trades respectively, which the Tax Court has found in prior cases to be insubstantial. His trading activity was infrequent (29%, 7%, and 8% of the possible trading days in 2000, 2001, and 2002) and most of the shares he purchased and sold each year were held for over 30 days." In our view, Kay fails our Golden Rules for trader tax status. Green is preparing a full analysis to be published on our blog soon. In the July 14 podcast, we mentioned the important defense point of "continuous business activity" and how traders can use that to win trader tax status even if their "frequency of trades" factors are weaker than they should be. We laid out the similarities and important differences between trader tax status and hobby loss rules. This discussion should not be missed.


Carried-interest tax breaks for investment managers are high up on the President's list of tax loopholes that he wants to repeal as part of the debt-ceiling negotiations. We've covered the carried-interest tax debate for years. Click here to see a recent blog article. We discussed this area briefly on the July 14 podcast and tied it in with the other topics.


Financial-transaction tax (FTT) threat update. Click here for last blog. 

We explained that traders are perceived badly by the media and public at large and what we need to do as a community and our Traders Association to combat this prejudice.       


Green gives his opinion and predictions about tax discussions in connection with the debt-ceiling negotiations.


Each topic has value here, and the sum of the parts is even more compelling. 

I recommend this podcast! 


Traders Association

Please join our association to join our advocacy efforts to defend traders from negative tax and regulatory changes. Click here to learn more and join us today. It's only $50, and you get discounts on our products and services.  

20% off regular prices for consultations with Green and entity formations, and
25% off guides.

If you have any questions, please contact our customer support

at 888-558-5257 (toll-free in US only), or 646-224-6923 (worldwide),

or by email to

Follow us on:

Find us on Facebook View our profile on LinkedIn Follow us on Twitter 


After you read our leading content about trader tax, entities, retirement plans, IRS exams, ETF, forex and other tax treatment, investment management and FBAR (foreign bank accounts and offshore income reporting), you will probably have some good questions for us. The best way to get quick and dedicated answers to your specific questions is with a personal consultation with our Robert A. Green, CPA/CEO and our other GreenTrader professionals (tax attorneys and CPAs). 

For FBAR issues, it's best to start off with a consultation with our tax attorney Mark Feldman, so you have attorney-client-privilege. Mr. Feldman can then bring in our CPAs for support maintaining attorney-client-privilege including our related CPA firm services too.
 Click here to learn more or purchase and schedule a consultation. 
Tax Preparation & Planning:
Preparation and planning of federal and state income tax returns for traders (retail, proprietary, and hedge funds [both individuals and entities]) is our core business. Click here to learn more about our tax preparation and planning services.
Trader Entities: r Entities
For trading your own money. Learn the benefits and pitfalls, and stay clear of schemes. A simple low-cost solution is all you need, and it must be customized. Click here to learn more. 

Entity Accounting Services:
ntity Accounting Services 

We have highly trained accountants who specialize in full general-ledger accounting services for trading entities and management companies. Click here to learn more. 
GreenTraderTax Guides: 

Green's 2011 Trader Tax Guide is all new and our best ever!      

The Tax Guide for Traders (McGraw Hill 2004). Great reviews!  

2011 GreenTraderTax Guides: 2010 Tax Return Examples for Securities Traders and separate examples guide for Commodities, Futures & Forex/Currency Traders. 
See our excellent packages.  

We offer investment-management clients a full-service solution at very competitive prices, with emphasis on coordinated tax strategies. Our Incubator Fund is the least expensive and most flexible hedge-fund plan around!
Video, Podcast, Trade ShowsWebinarsRadio, and Media: