Futures question: CTA or incorporate?

Discussion in 'Professional Trading' started by nravo, Aug 13, 2006.

  1. nravo

    nravo

    I sell futures options, mostly, run my own and some friends and family. Not much 300K or so. Is there any reason to get a CTA? I know if I were doing stocks and equity options getting a Series 7 would get me risk margin, as opposed to Reg D. But is there any advantage, with regard to margin, if doing futures options, which uses SPAN? Is there any other advantage? I'm not really looking to market myself, at least not yet. What about incorporating, mark-to-market, etc.?
     
  2. Aaron

    Aaron

    If you don't have to register as a CTA, don't spend the money. See the NFA website for the exemptions to the registration rules.

    Incorporate if you want liability protection or to fund a tax advantaged retirement account (assuming you are a US citizen). You'll probably pay higher taxes, though, if you incorporate.

    Don't make the mark-to-market election. Futures options (and futures) are automatically marked to market every night (including Dec. 31st) and there are no such thing as unrealized capital gains or wash sales. But you knew that, right?

    Aaron Schindler
    Schindler Trading
     
  3. nravo

    nravo

    Thanks. Follow up: What if 1-5 percent of my trades or so are equity option sales? Mark-to-market?
     
  4. Aaron

    Aaron

    Well, then it depends on if you are going to be profitable or not -- and you have to decide it at the beginning of the year (no, I'm not kidding). Here's the scoop:

    http://fairmark.com/traders/mtmacc.htm

    and here:

    http://www.armencomp.com/tradelog/mark_to_market.shtml

    And keep in mind that mark to market isn't going to affect your investors if you are trading their accounts via power of attorney -- just your own personal account and taxes.

    Aaron Schindler
    Schindler Trading