Retail Investor's Guide to Day Trading Taxes (2024)

Day trading is the practice of buying and selling securities within the same day. In some cases, you hold a position for just a few hours or minutes (or less). While the goal of day trading may be to grow your assets, you will owe taxes on any gains in taxable accounts, which can reduce the amount you have left for spending.

Before getting into day trading, it’s crucial to understand how taxes affect your returns. With that knowledge, you can estimate your after-tax returns and avoid nasty surprises.

Note

The U.S. Securities and Exchange Commission warns that day trading is extremely risky. You can lose a substantial amount of money quickly while day trading, and long-term investing may be a better approach for reaching financial goals.

How Are Day Trading Profits Taxed?

The IRS treats most investments like stocks and bonds as capital assets. When you sell an investment for more than you originally paid, you have a capital gain, and that gain typically results in a capital gains tax.

To calculate your gains or losses, compare the purchase amount to the sales proceeds. For example, if you buy shares of stock for $50 and sell at $60, you have a capital gain of $10 per share. But if you sell at $30, you have a capital loss of $20 per share.

Note

For most people, long-term capital gains are taxed at 15%, although you pay higher rates in some situations. Ordinary income tax rates, which apply to short-term capital gains, can go as high as 37%.

Short-Term vs. Long-Term Capital Gains

Your holding period may affect how any profits are taxed. If you hold assets for more than one year, you typically qualify for favorable (lower) long-term capital gains tax rates. But if you sell before then, which is common for day traders, you have short-term gains and losses.

Short-term capital gains rates are generally taxed at the same rate as ordinary income. In other words, any profits would effectively add to your annual income and be taxed at the same rates. Tax rates rise as your income increases, so those with high incomes (or substantial gains) may pay taxes at relatively high rates.

How To File Taxes as a Day Trader

If you’re confident about preparing your own returns, report your transactions on Form 8949. The information on that form should match the information from your brokerage provider’s Form 1099-B. Then, summarize any gains and losses on Schedule D.

Note

Taxes can be complicated, and this article is just an introduction to this complex topic. A professional tax preparer can ensure that your trading activity gets reported correctly, and it’s wise to consult with a CPA to avoid problems.

Estimated Taxes

If you have gains from day trading activity, you may need to make estimated tax payments throughout the year to avoid tax penalties and interest charges. It may be wise to set funds aside as soon as you realize gains, so you’re not tempted to spend the money elsewhere.

How To Minimize Day Trading Taxes

If you’re fortunate enough to grow your account while investing, it may be necessary to pay a portion of your earnings to the IRS. But there are several ways to manage your tax liability.

Retirement Accounts

Gains and losses in retirement accounts like IRAs are typically not subject to taxes each year. Instead, you may owe taxes only when you take withdrawals from those accounts. Better yet, with a Roth IRA, you could qualify for tax-free withdrawals. However, day trading with your life savings is risky, so be wary of taking excessive risks just to avoid taxes.

Note

Withdrawals from pre-tax retirement accounts (like a traditional IRA) are generally taxed as ordinary income—similar to short-term capital gains.

However, you don’t necessarily need to take all of that income in a single year. As a result, it may be possible to manage your income so that you pay taxes at an acceptable rate.

Offsetting Gains and Losses

The goal of investing is to grow your assets, so taking losses is not an ideal strategy. But any capital losses you experience can offset capital gains. As a result, if you need to take a loss, it can help lower the amount you owe in taxes.

However, day traders should be aware of the wash sales rule while trying to harvest losses for tax purposes.

Note

A wash sale occurs when you sell a security at a loss and buy it or acquire it otherwise 30 days before or after the loss making trade. The IRS does not allow deducting loss pertaining to wash sales for tax purposes.

Carryover Losses

If you have losses that exceed your gains for the year, you can potentially use those losses to reduce your tax bill. The IRS allows you to deduct up to $3,000 of capital losses each year ($1,500 if married filing jointly), and you can carry forward losses bigger than that for use in future years.

Tips for Day Traders During Tax Season

Know What Reports Are Available

Find out what reports are available from your trading platform, and provide that information to your tax preparer as soon as possible. Brokerage firms often provide Form 1099-B, which details sales during the year and may also include your cost basis. Monthly and quarterly statements might also tell you about realized gains and losses, helping you understand your potential liability throughout the year.

Track Expenses

Fees, commissions, and other costs you pay when buying can increase your cost basis. Trading frequently can add up expenses even in a low commission environment. With a higher cost basis, your taxable gain is smaller (resulting in a smaller tax liability), so it’s critical to keep track of all trading costs.

Complications With Crypto

If you trade cryptocurrency, prepare yourself for the possibility of additional legwork at tax time. Virtual currencies are relatively new trading vehicles, so tax preparers and other service providers may not have robust systems and extensive expertise to help you. Some trading platforms track your purchases and sales, and can provide detailed activity reports—but it’s critical to check so you’re not scrambling to prepare your taxes. If you mine virtual currency or acquire it in other ways (besides purchasing it on a trading platform), determining your cost basis may be complicated.

Frequently Asked Questions (FAQs)

What is pattern day trading?

Pattern day traders are active traders who are subject to risk management requirements. A pattern day trader executes at least four day trades within a five-business-day window. What’s more, those trades amount to at least 6% of your total trades during that period. However, brokerage firms can use a more restrictive definition, making you a pattern day trader with fewer trades. Pattern day traders must maintain a $25,000 minimum account balance and use a margin account for trading.

How do you practice day trading?

Simulation programs and “paper trading” allow you to practice day trading without putting real money at risk. There are several free simulators available online. You can also track hypothetical trades on a spreadsheet or with a pencil and paper.

When do you pay taxes on day trading profits?

You typically owe taxes on profits only after you sell holdings at a gain. But the timing of payments can be complicated, and you may need to pay estimated quarterly taxes for sales you complete throughout the year. If you pay late, you may owe penalty taxes and interest charges, so speak with a tax professional if you’re unsure when taxes are due.

Retail Investor's Guide to Day Trading Taxes (2024)

FAQs

Retail Investor's Guide to Day Trading Taxes? ›

How is day trading taxed? Day traders pay short-term capital gains of 28% on any profits. You can deduct your losses from the gains to come to the taxable amount.

How am I taxed as a day trader? ›

If investments are held for a year or less, ordinary income taxes apply to any gains. Holding an investment for more than a year usually allows traders to take advantage of lower long-term capital gains tax rates.

What is the best tax strategy for day traders? ›

The first way day traders avoid taxes is by using the mark-to-market method. This method takes advantage of the ability of day traders to offset capital gains with capital losses. Investors can get a tax deduction for any investments they lost money on and use that to avoid or reduce capital gains tax.

How much can day traders write off on taxes? ›

Trader tax status also allows day traders to make an election for something called mark to market. A day trader who does not have trader tax status can only write off up to $3,000 in trading losses when they file taxes, but those with mark to market election can claim greater losses, if applicable.

Who does the IRS consider a day trader? ›

You must seek to profit from daily market movements in the prices of securities and not from dividends, interest, or capital appreciation; Your activity must be substantial; and. You must carry on the activity with continuity and regularity.

How much money do day traders with $10000 accounts make per day on average? ›

If you have a trading account of $10,000, a good day might bring in a five percent gain, or $500.

Are day traders double taxed? ›

Do day traders pay more tax than a typical investor? Day traders sometimes pay more tax than typical investors, who are taxed on profits at the long-term capital gains tax rate if they own assets for over a year. This rate is typically between 0% and 20%.

How much capital should I have to day trade? ›

First, pattern day traders must maintain minimum equity of $25,000 in their margin account on any day that the customer day trades. This required minimum equity, which can be a combination of cash and eligible securities, must be in your account prior to engaging in any day-trading activities.

What time is most profitable to day trade? ›

The opening 9:30 a.m. to 10:30 a.m. Eastern time (ET) period is often one of the best hours of the day for day trading, offering the biggest moves in the shortest amount of time. A lot of professional day traders stop trading around 11:30 a.m. because that is when volatility and volume tend to taper off.

How do day traders make 1% a day? ›

So, can You Make 1 Percent a Day Trading? No, you cannot make 1 percent a day day trading, due to two reasons. Firstly, 1 percent a day would quickly amass into huge returns that simply aren't attainable. Secondly, your returns won't be distributed evenly across all days.

Should I start an LLC for day trading? ›

Forming an LLC can help protect your personal assets by providing limited liability protection. The bottom line is that an LLC can be a good choice for day traders who want to minimize their taxes and protect their personal assets.

Can I write off my car as a day trader? ›

As a day trader, you benefit from being self-sufficient: scheduling meetings with a mentor you can learn from, or making office supply runs to ensure you have what you need to do your job well. If you drive for these or other work-related purposes, you can claim car expenses on your taxes.

How much does a average day trader make? ›

The annual salary for day traders ranges from $88,000 to $154,000 per year. About 68% of day traders have a bachelor's degree. The three most common skills for day traders are technical analysis, equities, and market trends.

How do day traders avoid taxes? ›

The first way day traders avoid taxes is by using the mark-to-market method. This method takes advantage of the ability of day traders to offset capital gains with capital losses. Investors can get a tax deduction for any investments they lost money on and use that to avoid or reduce capital gains tax.

Do day traders have to report every transaction? ›

As a trader (including day traders), you report all of your transactions on Form 8949. If you are in the business of buying and selling securities for your own account, you may also file a Federal Schedule C to report any expense items.

Why do you need $25,000 to day trade? ›

One of the most common requirements for trading the stock market as a day trader is the $25,000 rule. You need a minimum of $25,000 equity to day trade a margin account because the Financial Industry Regulatory Authority (FINRA) mandates it. The regulatory body calls it the 'Pattern Day Trading Rule'.

Can you make 100k a year day trading? ›

Some elite traders at firms like SMB Capital may hit 7 figures. The average trader will do between 60k and 100k, and underperformers will have so many position limits placed on their account, they are basically practicing and not making any money.

How many people make a living day trading? ›

Only 4,000 individuals (less than 1% of the population of day traders) were able to consistently profit, net of fees.

What percentage of day traders can make a living? ›

Studies have shown that more than 97% of day traders lose money over time, and less than 1% of day traders are actually profitable.

Is day trading a tax nightmare? ›

If you qualify as a trader, the IRS has a deal for you. Under normal circ*mstances, when you sell a stock at a loss, you get to write off that amount. But if you buy the same stock within 30 days, before or after you sell, the IRS considers it a “wash sale” — and you have a tax accounting nightmare to deal with.

How many trades should a day trader make per day? ›

A day trader might make 100 to a few hundred trades in a day, depending on the strategy and how frequently attractive opportunities appear. With so many trades, it's important that day traders keep costs low — our online broker comparison tool can help narrow the options.

How many trades should a day trader take per day? ›

To be honest, there's no set rule on how many trades you should make. There is no fixed number. It will depend a lot on you, your trading style, your risk-taking ability.

Is 30k enough to day trade? ›

It's recommended that day traders start with at least $30,000, even though the legal minimum is $25,000. That will allow for losing trades and more flexibility in the stocks that are traded.

What are the hardest months to day trade? ›

From the charts of the monthly historical returns of both the S&P 500 Index and the Dow Jones Industrial Average shown above, you can see that the worse months for the stock market are September, August, and June.

What is the 15 minute rule for day trading? ›

The rule of thumb is this: If a stock gaps down below the stop that has been established, wait for the first 15 minutes (up to 9:45am EST) to trade before doing anything. Then place a new protective stop just under (adjust this amount for the volatility of the issue) the low of that first 15 minutes of trade.

How many hours should I day trade for a day? ›

Sometimes less is more when it comes to day trading. Devoting two to three hours a day is often better for most traders of stocks, stock index futures, and index-based exchange-traded funds (ETFs) than buying and selling stocks the entire day.

What is the 3.75 rule in trading? ›

The strategy is very simple: count how many days, hours, or bars a run-up or a sell-off has transpired. Then on the third, fifth, or seventh bar, look for a bounce in the opposite direction. Too easy? Perhaps, but it's uncanny how often it happens.

What is the 5 3 1 rule trading? ›

Intro: 5-3-1 trading strategy

The numbers five, three and one stand for: Five currency pairs to learn and trade. Three strategies to become an expert on and use with your trades. One time to trade, the same time every day.

What state is best to day trade in? ›

Our research shows that New York is the best state in the country for securities traders.
...
1. New York.
Total Securities Trader Jobs:135
Highest 10 Percent Earn:$217,000
3 more rows
Apr 6, 2021

Can you write off day trading losses? ›

You can't simply write off losses because the stock is worth less than when you bought it. You can deduct your loss against capital gains. Any taxable capital gain – an investment gain – realized in that tax year can be offset with a capital loss from that year or one carried forward from a prior year.

What state is best for day trading LLC? ›

Delaware. Delaware takes one of the top spots as the best state to form LLC. More than 50% of all U.S. publicly-traded companies and roughly 63% of Fortune 500 companies are incorporated in Delaware.

Can day traders take vacation? ›

Vacations are allowed. But you can't have weeks or months without much going on unless you have a good reason like the market is dropping and you have no borrowing capacity to sell stocks short. Having at least 1,000 trades a year is good.

Is day trading considered earned income? ›

Earned income

It's money that you make on the job. But even if day trading is your only occupation, your earnings are not considered to be earned income. This means that day traders, whether classified for tax purposes as investors or traders, don't have to pay the self-employment tax on their trading income.

What is the wash sale rule for day traders? ›

The wash-sale rule states that, if an investment is sold at a loss and then repurchased within 30 days, the initial loss cannot be claimed for tax purposes. So, just wait for 30 days after the sale date before repurchasing the same or similar investment.

How much can a beginner day trader make? ›

If you pay for your charting/trading platform, or exchange entitlements then those fees are added in as well. Therefore, with a decent stock day trading strategy, and $30,000 (leveraged at 4:1), you can make roughly: $7,500 – $2000 = $5,500/month or about a 18% monthly return.

How much does a beginner day trader earn? ›

While ZipRecruiter is seeing annual salaries as high as $91,500 and as low as $20,000, the majority of Entry Level Trader salaries currently range between $34,000 (25th percentile) to $50,000 (75th percentile) with top earners (90th percentile) making $67,000 annually across the United States.

What are the disadvantages of being a day trader? ›

Following are some additional disadvantages (or at least challenges) of day trading:
  • Day trading requires split-second timing. It doesn't accommodate itself well to people who are slow in making decisions and commitments. ...
  • Day trading can be more emotional than other types of trading. ...
  • Day trading can be very boring!

What gets you flagged as a day trader? ›

If a trader makes four or more day trades, buying or selling (or selling and buying) the same security within a single day, over the course of any five business days in a margin account, and those trades account for more than 6% of their account activity over the period, the trader's account will be flagged as a ...

How do you day trade without getting flagged? ›

How to Avoid the Pattern Day Trading Rule
  1. Open a cash account. If a day trader wants to avoid pattern day trader status, they can open cash accounts. ...
  2. Use multiple brokerage accounts to avoid the PDT Rule. ...
  3. Have an offshore account. ...
  4. Trade Forex and Futures to avoid the PDT Rule. ...
  5. Options trading.
Dec 30, 2022

How long are you flagged as a day trader? ›

If you place your fourth day trade in the 5 trading day window, your brokerage account will be flagged for pattern day trading for 90 calendar days. This means you can't place any day trades for 90 days unless you bring your portfolio value (excluding any crypto positions) above $25,000.

Can I day trade with $5000? ›

A Non-Pattern Day Trade account requires a minimum of $5,000 in margin equity. All trades in Margin accounts are subject to Day Trade Buying Power Limitations.

How many trades can you make before being a day trader? ›

FINRA rules define a pattern day trader as any customer who executes four or more “day trades” within five business days, provided that the number of day trades represents more than six percent of the customer's total trades in the margin account for that same five business day period.

How much do day traders make per month? ›

Day Trader Salary
Annual SalaryMonthly Pay
Top Earners$132,500$11,041
75th Percentile$96,500$8,041
Average$76,989$6,415
25th Percentile$34,000$2,833

Is a day trader a self employed for tax? ›

If the IRS agrees you meet the day trading benchmarks the tax laws require, you're legally self-employed in your own business. You don't have to incorporate a day trading business; a sole proprietorship works too. As the Small Business Administration says, becoming a sole proprietor is easy.

How does a day trader pay himself? ›

Whether they're trading for themselves or working for a trading shop and using the firm's money, day traders typically don't get paid a regular salary. Instead, their income is derived from their net profit.

Is it worth it to day trade? ›

Here's Why Day Trading Is a Bad Idea

And day traders typically end up on the wrong side of a trade more often than not. A study found that traders who lose money account for anywhere between 72–80% of all day trades being made. It's just not worth the risk!

Is day trading considered passive income? ›

Unless an individual can qualify for qualified trader status (as determined by the Internal Revenue Service (IRS)), all income they generate from trading activities is considered unearned or passive income when they file their individual income taxes.

How much does the average day trader make a day? ›

Average Salary for a Day Trader

Day Traders in America make an average salary of $116,895 per year or $56 per hour.

How much does the average day trader make monthly? ›

Day Trader Salary
Annual SalaryMonthly Pay
Top Earners$132,500$11,041
75th Percentile$96,500$8,041
Average$76,989$6,415
25th Percentile$34,000$2,833

Can you live off being a day trader? ›

The answer is yes. There are half a million people in India day trading for a living. Do you feel day trading is a way to make easy money? Or, you may think it does not need as much work as a regular job.

Can a day trader make 1% per day? ›

No, you cannot make 1 percent a day day trading, due to two reasons. Firstly, 1 percent a day would quickly amass into huge returns that simply aren't attainable. Secondly, your returns won't be distributed evenly across all days. Instead, you'll experience both winning and losing days.

Is $25,000 enough to day trade? ›

First, pattern day traders must maintain minimum equity of $25,000 in their margin account on any day that the customer day trades. This required minimum equity, which can be a combination of cash and eligible securities, must be in your account prior to engaging in any day-trading activities.

Is $1000 enough to day trade? ›

To get started with day trading it is possible to do it with less than $1000 but not by a lot. As we noted, day margins on the E-mini S&P are commonly $500. The less money you have to day trade the less of a cushion you will have in case of a loss of your very first trade.

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