How is a pattern day trader taxed? – TaxScouts (2024)

TaxScouts -> Guides

  • 3 min read
  • Last updated 26 Mar 2024

Are you a pattern day trader or thinking about becoming one? Go you! Although the tax rules for day trading can be pretty confusing. But don’t worry, because we’ve broken it all down for you!

Firstly, what is a pattern day trader?

A trader is someone who buys and sells securities for short-term profit. Securities are shares, bonds, crypto, stocks, etc. And they’re bought under a massive system that we know as the financial market.

Not everyone who trades falls into the pattern day trader category, though. To gain this status you must carry out four or more trades within five trading days. 🗓️

So basically, this ain’t your first rodeo.

What taxes do you have to pay as a pattern day trader?

Again, the tax rules for traders can be pretty confusing so there’s no one-fit answer. But if you’re a pattern day trader, these three taxes might apply to you:

  • Income Tax
  • National Insurance Contributions
  • Capital Gains Tax

Income Tax

If you’re smashing your way through the market and your income exceeds the Personal Allowance of £12,570 per year (in the 2024/25 tax year), you’ll have to pay Income Tax at the following rates:

  • 20% if your income is between £12,571 – £50,270
  • 40% if your income is between £50,271 – £125,140
  • 45% if you earn above £125,141

Many day traders probably don’t have time for other jobs whilst having to constantly monitor the market. But if you do, kudos to you! 🫡

In this case, you’ll have to add all your income together at the end of the tax year. Any income earned as an employee will be taxed automatically through PAYE but you’ll still have to include this on your Self Assessment along with your self-employment income.

If you earn less than £1,000 a year from self-employment, you’ll be entitled to the Trading Allowance. This means you won’t pay tax on anything up to that £1,000. In fact, you won’t even have to report it to HMRC.

National Insurance Contributions

You probably have to pay National Insurance if you fall into any of these two categories:

  • You’re self-employed and make a profit of £6,725 or more a year and over £12,570 in a tax year
  • You’re an employee earning above £242 a week

Your National Insurance class depends on your individual circ*mstances. For a detailed breakdown, have a look here.

🚨From 6 April 2024 (the 24/25 tax year onwards),Class 2 National Insurance is being scrapped. If you’re under the threshold and pay them voluntarily to qualify for benefits, you’ll still be able to do so.

At the same time, Class 4 is reducing from 9% to 6%.

Capital Gains Tax

Capital gains tax (CGT) is due when traders sell their assets and make profit above £3,000 in the 2024/25 tax year (previously halved from £6,000 in the 23/24 tax year).

It doesn’t matter whether you’re self-employed, a part-time or full-time day trader. As long as your gains exceed the threshold, you’ll be liable for capital gains tax.

How much capital gains tax you pay depends on how much you earn, but the two rates are:

  • 10% (the basic rate)
  • 20% (the higher rate)

Quick note:

👉 You won’t have to pay CGT until you sell your assets

👉 You don’t pay Capital Gains Tax when gifting to your spouse or a registered charity

Your situation

How is a pattern day trader taxed? – TaxScouts (1)How is a pattern day trader taxed? – TaxScouts (2)

Tax and profit

How is a pattern day trader taxed? – TaxScouts (3)

  • Your profit from
    shares

    £20,000

    Incl. £12,300 tax-free CGT allowance

    ?

  • Capital Gains Tax to pay

    £1,413

  • Profit after tax

    £18,587

How your capital gains tax is calculated

Your total capital gains tax (CGT) owed depends on two main components:

  1. How much you earn in total
  2. What type of assets you sell

Your overall earnings determine how much of your capital gains are taxed at 10% or 20%.
Our capital gains tax rates guide explains this in more detail.

In your case where capital gains from shares were £20,000 and your total annual earnings were £69,000:

Capital gains tax (CGT) breakdown

You pay no CGT on the first £12,300 that you make

You pay £127 at 10% tax rate for the next £1,270 of your capital gains

You pay £1,286 at 20% tax rate on the remaining £6,430 of your capital gains

How does a pattern day trader pay their taxes?

Many pattern day traders are self-employed. So just like self-employed musicians, hairdressers etc., pattern day traders get to join in the fun of registering for Self Assessment and filing a tax return at the end of the tax year. Woohoo. 🥳

Not all traders work for themselves though. They can also be employed by investment banks, fund managers and stock exchanges. In this case:

  • Income is taxed automatically through PAYE (at regular Income Tax rates)
  • Capital Gains Tax can be paid using the Real Time Capital Gains Tax Service

Need a 👋 sorting your Self Assessment?

Did we mention? If you’re a pattern day trader, one of our accountants can sort your Self Assessment tax return for you. Because let’s face it, the fluctuating trade market is stressful enough. Taxes don’t have to be too!

Find out more about what we can do for you here.

See more on:

  • crypto
  • hmrc
  • invest

How is a pattern day trader taxed? – TaxScouts (4)

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How is a pattern day trader taxed? – TaxScouts (2024)

FAQs

How is a pattern day trader taxed? – TaxScouts? ›

It doesn't matter whether you're self-employed, a part-time or full-time day trader. As long as your gains exceed the threshold, you'll be liable for capital gains tax. How much capital gains tax you pay depends on how much you earn, but the two rates are: 10% (the basic rate)

How is pattern day trading taxed? ›

Day-trading tax rates

Day trading taxes can vary depending on your trading patterns and your overall income, but they generally range between 10% and 37% of your profits. Income from trading is subject to capital gains taxes.

How is day trading taxed for dummies? ›

If you do become a day trader, then your income and losses would be business expenses, just like in the US. However, you'll have to maintain receipts and make typical deductions as you normally would. When you are a professional, 100% of your capital gains are taxable, but so are 100% of your losses.

How does the IRS determine if you are 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 do you report day trading on taxes? ›

You'd report most sales and other capital transactions and calculate capital gain or loss on Form 8949, Sales and Other Dispositions of Capital Assets, then summarize your capital gains and deductible capital losses on Schedule D (Form 1040), Capital Gains and Losses.

Do day traders pay taxes quarterly? ›

In the US, most day traders who aren't trading in a tax deferred account, such as an IRA account, are required to pay estimated taxes quarterly. If you are trading daily, you need to keep careful track of your gains and losses.

What happens if you are a pattern day trader? ›

If you've been flagged as a pattern day trader (PDT), you can still sign up for the brokerage cash sweep program, but you won't be eligible to earn interest while in a margin account. If you're flagged as a PDT while enrolled in the brokerage sweep program, your cash will be swept back from program banks.

Do day traders have to report every transaction? ›

As a trader (including day traders), you report all of your transactions on Form 8949 Sales and Other Dispositions of Capital Assets.

How to avoid wash sale for day trader? ›

To avoid a wash sale, you could replace it with a different ETF (or several different ETFs) with similar but not identical assets, such as one tracking the Russell 1000 Index® (RUI). That would preserve your tax break and keep you in the market with about the same asset allocation.

How do day traders pay themselves? ›

Day-Trader Salary

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.

How many trades do you need to be a day trader for taxes? ›

You must trade actively.

For example, a good benchmark is placing at least 720 trades during a tax year. A trade is defined as a buy or a sell. Active day traders can meet this criterion quickly.

At what point are you considered a day trader? ›

According to FINRA rules, you're considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

What is the best entity for day trading? ›

We generally recommend that active traders conduct their active trading business in a legal entity (usually an LLC). When you set up a legal trading entity, the mere act of setting up the entity tells the IRS that you are going into the active trading business.

Does day trading complicate taxes? ›

How day trading impacts your taxes. A profitable trader must pay taxes on their earnings, further reducing any potential profit. Additionally, day trading doesn't qualify for favorable tax treatment compared with long-term buy-and-hold investing.

Is day trading considered earned income? ›

Earned income includes wages, salaries, bonuses, and tips. 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.

Should I set up an LLC for day trading? ›

First and foremost, why does the LLC structure provide such appeal to day traders? The simple answer is that starting an LLC arms you with a shield against personal loss. It can also help protect you from lawsuits and other liabilities.

What is the 6% rule for pattern day traders? ›

Who Is a Pattern Day Trader? According to FINRA rules, you're considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

How do you avoid the pattern day trader rule? ›

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

What are the disadvantages of pattern day trader? ›

Pros And Cons
ProsCons
Beneficial for new traders.Takes time for transactions to settle.
Increased borrowing limit.Risky in nature.
High profits in a short time.Affects the liquidity of a trader.
Helps in minimizing losses.Limits the ability to trade further.
Apr 4, 2024

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