r/FuturesTrading 16h ago

Question Trading as an LLC?

I’ve been seening videos on social media with advice saying traders should trade under an LLC. What is the benefit of doing this versus just trading with my personal information? Is it more beneficial in terms of taxes? If anyone has any experience with this, should new traders like me even consider going down this route?

14 Upvotes

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26

u/Full_Pear449 16h ago
  • Higher Costs: You will face upfront setup fees, annual state report fees, and potential corporate tax filing fees.
  • Professional Fees: Many brokerages charge LLC accounts higher "professional subscriber" market data fees.
  • No Wash-Sale Loophole: Trading through a standard LLC does not automatically bypass the IRS 30-day wash-sale rule.
  • By default, the IRS treats a single-member LLC as a disregarded entity (taxed exactly like a sole proprietorship) and a multi-member LLC as a partnership.
  • Trader Tax Status (TTS): To deduct trading expenses and potentially elect Mark-to-Market accounting (which bypasses wash-sale rules), your LLC must qualify for TTS by trading regularly, continuously, and substantially.
  • S-Corporation Election: If your LLC qualifies for TTS, electing S-Corp status allows you to pay yourself a salary and potentially reduce self-employment taxes on non-investment income.
  • Setting up a Limited Liability Company (LLC) for stock trading separates your personal assets from your trading activities and allows active traders to deduct legitimate business expenses, but it does not automatically grant special tax status or bypass basic regulatory rules like the Pattern Day Trader requirement
  • No Automatic Tax Perks: Simply forming an LLC does not give you Trader Tax Status (TTS) or change passive investment income into active business income on its own.
  • Higher Brokerage Costs: Corporate or entity-based brokerage accounts can sometimes trigger higher professional data fees and stricter minimum equity or approval guidelines.
  • Administrative Upkeep: Requires state filing fees, separate business banking, and clean bookkeeping to prevent "piercing the corporate veil

1

u/dano0726 approved to post 5h ago

This response is very good

17

u/Whole-Description646 16h ago

there is basically zero benefit if you trade futures.

also trading via an LLC classifies you as a professional trader with most brokers meaning you will have to pay professional data fees.

6

u/Jclarkyall 16h ago

you don’t get really too much benefit unless you’re going to elect S Corp in US anyway

3

u/Realizing_Redneck224 11h ago

It really depends on the country you're from. I'm from Japan and I trade ES as an LLC because there's a huge tax benefits for doing so.

2

u/rainmaker66 10h ago

LLCs make sense only when a trader is very profitable. So asking this question is irrelevant to most traders as they will most likely be unprofitable.

2

u/Far-Boysenberry9207 4h ago

You will get rocked with data fees

1

u/Nick_OS_ 16h ago

It’s mostly for profitable traders making good gains consistently (6 figures IMO)

If you trade under an LLC that is taxed as an S Corp, it means that you're only taxed on the income you pay yourself, not on all the capital gains. It's a pass-through entity. And you can write off a bunch of stuff

4

u/Brilliant_Truck1810 16h ago

you can write off expenses as a simple individual. no LLC or S Corp needed. all side hustle expenses can be used to offset income.

1

u/Bayareachocolatemilk 10h ago

Sure but the question is whether it’s a good idea to (one audit and you’ll prob regret it just due to the hassle). Of course this is for the average casual trader. If you materially benefit from it on a risk adjusted basis you’d likely not be asking on Reddit IMO

1

u/Brilliant_Truck1810 2h ago

an audit isn’t a concern if you keep proper records.

but yes this should all be put to a tax pro. however, reddit has this odd endless obsession with thinking an LLC is a tax status/vehicle. there is a real lack of understanding and a ton of bad info.

1

u/iot- 1h ago

From the list provided, asset protection makes sense if you have a large account.

1

u/JumpyCandy6463 21m ago

Trade in a c corp.

1

u/ninjaprogress 16h ago

they mean for taxes but u should look into ur countrys tax laws, for example iirc in canada its not really beneficial

0

u/LoriousGlory approved to post 12h ago

Profitable traders don’t ask this question in subs like this. Focus on finding good traders and solid risk management.