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  Copyright© 2004 to 2012 Colin M. Cody, CPA and, LLC, All Rights Reserved.
Traders need to be aware of their responsibilities under the law to maintain adequate books and records and document their activities.  IRS and the courts generally consider documentation that was contemporaneously prepared to be better than compiling support for deductions afterwards.  For example: it can be better to use a business credit card at the time of purchasing business items rather than using a personal credit card and then, long after paying it off, making the allocations of what items pertained to the business.

"But I have a friend who says (or my accountant says) that this is "too conservative" and there's no reason for keeping all these records, it's a waste of time!"  What these people are invoking, whether they are aware of it or not, is the "Cohan rule"  [Cohan v. Comr., 39 F.2d 540 (2d Cir. 1930)] .  The Cohan rule allows a taxpayer to approximate the amount at issue despite inadequate records, if it is clear that an expenditure was incurred.

An example of this might be - you have solid documentation that 50% of your car mileage is valid business mileage, but you lost all of your gasoline purchase receipts in a fire.  The gasoline purchased can be approximated based on the documented miles, the average MPG of your vehicle and the average cost of gasoline at the pump.

As such, the Cohan rule lowers the requirements for substantiation of valid business expenses if the IRS finds the taxpayer to be credible.  If, after considering the taxpayer's other records and  everything else, the IRS does not feel comfortable with the credibility of the taxpayer - then the deductions are disallowed.  Why take the chance?  Laziness on the part of a taxpayer?

The danger here is that when it comes to an Individual's Trader Status and Trader Status Entities, the lack of credible substantiation can lead to a revocation of Trader Status in its entirety and thus reverting the taxpayer to Investor Status [Higgins v. Comr., 312 U.S. 212 (1941)].  When doing this, the Cohan rule is not helpful.  True, without substantiation the deductions may still be allowed under the Cohan rule, but only as an Investor's expenses.

QuickBooks - warning of confiscation by the IRS:,,id=238525,00.html

All Traders:
  • treat your trading business professionally and apart from your personal activities.
  • avoid commingling business and non-business assets and activities.
  • save all invoices for expenses and equipment for several years.
  • also save all canceled checks, bank statements, credit card statements and loan paperwork to support payment of invoices.  (also see electronic records below)
  • save all 12 monthly brokerage statements.  If saving in electronic format, maintain multiple backup copies.
  • save all confirmations and other evidence to show the amount of time and effort spend pursuing your trading activities.
  • reconcile your broker's 1099-B sales to your records.
  • reconcile your annual net gain or loss to your 12 monthly brokerage statements.
  • verify that your downloaded trading records are correctly based on transaction date as required for IRS, and not by settlement date as per the SEC rules (usually just the activity between December 25 and January 7 needs to be reviewed).
  • keep copy of any form 2848 power of attorney and show it to IRS if the need arises.
  • never speak with the IRS about your tax return or your trading activity, refer them to your CPA.
  • avoid using any busch league "net change in broker account value" as your primary method of computing net gains or losses for the year.  we've seen as many errors with traders erroneously overpaying their taxes as illegally underpaying their taxes using this foolhardy, unprofessional approach.
  • preferably format your activity like a schedule D:  description, date acquired, date of sale, amount of sale, tax basis or cost, net gain or loss.  Many brokers do this for you, others provide a download file to import into Excel or other software program.
  • .

All M2M Traders:

  • keep copy of your mark-to-market election and proof of timely filing.
  • keep copy of your form 3115 for a change to mark-to-market accounting and proof of timely filing.
  • keep records clearly documenting your year-end mark-to-market computations and your following year adjustments to tax basis.
  • verify that any year-end unsettled transactions are properly accounted for (usually just the activity between December 25 and January 7 needs to be reviewed).
  • .

Corporations and Multi Member LLCs:

  • keep copy of form SS-4 and the IRS acknowledgement of your federal identification number.
  • keep copy of form 2553 and the IRS acknowledgement of your s-corp election.
  • issue stock certificates or member certificates to shareholders/members and assure that they are "fully paid for," preferably with a separate payment made by check from the shareholder/member to the entity.
  • maintain a minute book to document what happened at annual meetings and special meetings.
  • maintain an LLC operating agreement
  • maintain an owners' buy-sell agreement funded with disability insurance or life insurance, as desired.
  • establish your retirement plan before December 31st.
  • fund your retirement plan before the initial due date of your tax return or...
  • if you will absolutely be filing timely, fund your retirement plan before the extended due date of your return.

A Recommended Chart of Accounts:

Chart of Accounts

Earned Income is required for Retirement Plans and Medical Insurance Plans:

Employee or "self-employed" Independent Contractor

Why Retain Documents and Records?

Your business records and your personal financial records must be retained for as long as they may be relevant for any tax purpose.

Generally, you will need to keep all records that support items on your tax return for at least four years, since the IRS may challenge your return for three years after its due date.  (Even longer in certain cases)

Records for long-term assets, such as real estate, business equipment, and investments, should be maintained as long as you own the assets plus several years afterwards, since you will need them in order to determine your taxable gain or loss upon sale of disposition of the asset, and you may need them to support depreciation or casualty loss deductions along the way. If you rolled over a gain in the asset, as was permitted under the old rollover replacement rule for personal residences, or because you traded some business or investment property in a tax-free exchange, you must keep records of the original asset until you dispose of the asset that took its place.

Be sure to keep copies of your income tax return itself. If you have ever made any nondeductible IRA contributions, you must retain the Forms 8606 from each year you made a contribution or received a distribution from any IRAs. But more generally, if your return is ever challenged for something serious such as fraud or not filing a tax return, the IRS can go back in time to examine your returns for as many years as it thinks necessary. The problem is that the IRS computer system might not have accessible copies of your returns from, say, 10 or 15 years ago. Therefore it is very important that you keep copies of your own tax records indefinitely, and preferably forever.

What Tax Records to Keep and For How Long:

The general rule under federal income tax regulations requires you to keep your records so long as they may be material to administration of the income tax law.

  • Income Tax Returns: Keep all federal and state income tax returns permanently along with copy of and forms W-2 and 1099-MISC for compensation earned.
  • Income Tax Return Related Items: Keep all federal and state income tax return supporting documents (i.e., those items confirming your income and/or deductions) for a minimum of three years after the return's filing date. The more prudent route is to keep these returns and documents for six years. Why? The IRS can assess additional taxes within three years of its filing date, but has up to six years in which to make a tax assessment if the IRS determines that a substantial amount of income has been omitted from the return.  In certain cases, including when fraud is suspected, the IRS can go back even further.
  • Property Taxes: The Statute Of Limitations on personal property taxes are fifteen (15) years of more after the due date of the tax.  The sale of long-ago forgotten tax liens on personal property you no longer own, or real property you still own can come back to haunt you a decade later unless you have canceled checks and stamp receipted tax bills to prove that you already paid.
  • Mailing Receipts: Keep with your file copy of each tax return the U.S. Postal Service receipt -- i.e., the registered mail receipt --showing the date the return was mailed. If your return is filed electronically, keep a copy of the electronic filing confirmation with a printed copy of the return. In the event the return is misplaced or lost, this documentation will save you from penalties.
  • Residential Property Records: Keep settlement records from all of your home purchases and sales in a safe place. This will help you determine basis for any future sale and gain determination. In addition, keep records of the amounts that you spend for home improvements with this file. These records will provide documentation of your basis in the house if and when it comes time to compute your taxable gain.
  • Stock and Bond Records: Keep records of your investment and trading purchases (e.g., stocks, options, futures, mutual funds, and bonds).  Besides providing you with a date for determining the type of gain -- long term versus short term -- these records establish your basis in the investment and help to compute the gain/loss when you sell. In addition, keep records that show a return of capital on your investments.
  • Depreciation Records: For any rental real estate or depreciable business property that you own, keep records of the property's cost, the purchase date, the method used to calculate depreciation, and a schedule of all depreciation claimed on the property in previous years. Maintain these records until you sell or dispose of the property. Once you sell the property, keep these records with the tax return on which you report the sale.
  • Personal Records: Keep a permanent file of personal records -- such as divorce agreements, copies of estate and gift tax returns under which you received property, etc. - - since they can provide a basis for determining your tax liability when you dispose of the property.
  • Other Records: There are other situations in which you will benefit from keeping records. For example, if you have made nondeductible contributions to an IRA or Roth IRA, maintaining records of these contributions will facilitate proving your tax liability when funds are withdrawn from the IRA.

Guidelines for Paper Records:

Three Years*

  • Auto mileage logs (three years or life of vehicle)
  • Bank deposit slips
  • Cancelled checks
  • Daily sales records
  • Entertainment records
  • Expense reports
  • Paid vendor invoices
  • Written acknowledgment from charity for contributions of $250 or more

*From date of filing return or due date of return, whichever is later

Six Years

  • Bank statements
  • Contracts (after expiration)


  • Annual financial statements
  • Corporate stock records
  • General ledger & journals
  • Real estate records
  • Tax returns
  • Copy of Form W-2
  • LIFO inventory record
  • Parking tickets and Motor Vehicle Moving
    Violation tickets along with proof of payment


  • Depreciation schedules (life of asset, plus three years)
  • Meeting minutes (life of company)
  • IRA contribution and distribution records (three years after final distribution)

Here's another records retention list:

IRS typically has three years to audit tax returns.  But it is six years if it suspects that the return understates income by more than 25%.  There is no statute of limitations if tax fraud is involved or if the tax return was not filed.

Copies of tax returns including corrections and amended tax filings - Keep Forever
Tax / Legal correspondence - Keep Forever
Audit Reports - Keep Forever
Contracts and leases - Keep Forever
Real Estate Records - Keep Forever
Mortgages and Notes - Keep Forever
Corporate Minutes and Stock records - Keep Forever
General Ledger and Journals - Keep Forever

Bank Statements - Six Years
Sales Records and supporting journals - Six Years
Personal Investment Records - Six Years after final taxable sales to a 3rd party
IRA Records - Six Years after final taxable withdrawals

Canceled Checks - Three Years
Paid Vendor invoices - Three Years
Employee Payroll Records - Three Years *
Employee Expense Records - Three Years
Depreciation Schedules - Life of asset plus Three Years

* updated 1/31/2011 Recently a client had a former employee sue for for back pay.  The court wanted to see twelve (12) years of payroll records.  The client actually was able to provide all twelve years and was able to use them to prove to the court that there was no unpaid back pay.

Organizing your financial records

PDF file from MFS Investment Management

State of California's listing of record keeping requirements
(remember that the CA Statute of Limitations is 4 years, not only 3 years as is the case for the IRS)

After recent audits of personal income tax returns, we recognize that taxpayers and preparers may not be aware of the rules and regulations pertaining to the requirements of record keeping for expenses and deductions.


Taxpayers need to be prepared to provide documentation that proves why they claimed what they did on the return. The burden of proof is on the taxpayer. Taxpayers must be able to prove (substantiate) certain elements of expenses to deduct them. Deductions are only allowed if they are ordinary and necessary as determined by IRC Section 162(a) and conforming CR&TC Section 17201.

Why keep good records?

Good records help to prepare and support taxpayer tax return information. Whether it is business or personal, good records help when applying for a loan or for supporting an insurance claim.

Poor or no records result in missed deductions and higher taxes. If audited, poor records can result in underreported income and unsupported deductions, which will result in higher taxes and possible penalties.

What are good records?

Good records support the deduction(s) taken on the tax return. Taxpayers have the right to take every deduction the law allows them. However, we have the right to say "Show me."

What records need to be kept?

Lack of good records show that taxpayers are not following the rules and regulations established by the law (Federal Tax Regulation 1.274-5T). Examples of records needed to support expenses and deductions are:

  • Payment records – Provide either a canceled check or credit card payment to show that payment was made.
  • Invoices  - Along with the proof of payment, provide the invoice cross referencing the business expense.
  • Receipts – Provide receipts that itemize the purchases and/or method of payment.
  • Mileage logs – Keep and provide mileage records during an examination. Federal Tax Regulation 1.274-5T outlines specific requirements for mileage records.
  • Charitable cash or non-cash contributions – Keep records of your donations. IRC Section 170 allows deductible contributions given to qualified exempt organizations.
  • Meals and entertainment – Check Federal Tax Regulation 1.274-5T for guidance on what the taxpayer must provide. For example; there is a meeting with a client to discuss sales opportunities at a local restaurant, generally, the receipt must show the meeting time, the reason for the meeting, and who attended the meeting.


Basic records enable the taxpayer to determine the basis or adjusted basis of their home. If claiming a carryover loss, then the records need to be kept for as long as there is a carryover balance.

How long should I keep records?

Generally, California's minimum statute of limitations is four years.

The length of time you should keep a document depends on the action, expense, or event.  You must keep your records as long as they may be needed to prove the income or deductions on a tax return until the statute of limitations runs out for that return.

Are there requirements on how to keep the records?

No. In general, taxpayers may choose any record keeping system that suits their personal or business needs and that clearly shows their income and expenses. However, if the taxpayer chooses the "shoebox" method, then the taxpayer will be responsible for assembling and reconciling the records to the tax return.

For small businesses, the business checkbook is the main source of entries. We cannot over emphasize the importance of keeping business accounts separate from personal accounts, so business and personal transactions are not commingled. Computerized software packages are available that require little or no experience in bookkeeping and accounting.

FTB's mission is to collect the proper amount of tax. No more, but no less than your fair share.

References – Internal Revenue Service Publications

Publication 552Recordkeeping for Individuals.
Publication 583Starting a Business and Keeping Records.
Publication 463
Travel, Entertainment, Gifts and Car Expenses.

FAQ: Do I need to retain original business expense receipts if I scan them into my computer?

Many taxpayers maintain books and records by using an electronic storage system that either images their hardcopy books and records to an electronic stage media, such as an optical disk. Records maintained in an electronic storage system that complies with certain requirements will constitute records under Code Sec. 6001.

Code requirements
Code Sec. 6001 provides that every person liable for any tax imposed by the Code, or for the collection, must retain records. Any person subject to income tax, or a person required to file an information return, must maintain books and records, including inventories sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown.

A taxpayer’s electronic storage system that meets certain requirements will be treated as being in compliance with the recordkeeping requirements of Code Sec. 6001.

Special Rules
The definition of books and records goes beyond the typical hard copy items when you maintain all or part of your accounting records on a computer. In general, record-retention periods are the same for “machine-sensible” records as they are for their hard-copy counterparts. Machine-sensible records include magnetic tapes, punched cards and computer disks.

Where machine-sensible records are concerned, however, retrievability is important. Not only must certain records be maintained, but the IRS must have access to those records. This becomes especially burdensome when computer systems are upgraded.

If you or your business have more than $10 million in assets*, and you maintain all or a portion of your accounting records on a computer, the IRS requires that your machine-sensible records be in a retrievable format and provide the information necessary to determine the correct tax liability. This requirement applies even if your accounting system is maintained by an outside service bureau. To comply with this requirement, you must retain the following specific documentation for all data files:

  • Record formats (including the meaning of all the codes used to represent information)
  • System and program flowcharts
  • Label descriptions
  • Source program listings of programs that created the files retained
  • Detailed charts of accounts
  • Evidence that periodic tests are performed on the retained records to ensure they can produce the data stored in the records
  • Evidence that the retained records reconcile to the taxpayer’s books and the tax return

If you or your business have less than $10 million in assets, but you nevertheless maintain all or a portion of your accounting records on a computer, the IRS requires you to conform to the above standards if (1) your books and records are only available in machine-sensible format, (2) machine-sensible records were used for complex computations (such as LIFO) or (3) you are notified by the IRS that your machine-sensible records must be maintained.

* Members of a controlled group of corporations are combined for this purpose.

Taxpayers’ responsibilities
The IRS permits the destruction of the original hardcopy books and records and the deletion of the original computerized records once the taxpayer has:

  • Completed its own testing of the electronic storage systems that establishes that hardcopy or computerized books and records are being reproduced in compliance with certain requirements; and
  • Instituted procedures that ensured its continued compliance with these requirements.

Click here for more information on electronic records.

Click here for more information on planned record purging and destruction.

Relevant IRS Procedures and Rulings Pertaining to Records:



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