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)

How your capital gains tax is calculated

The total capital gains tax (CGT) you owe depends on two things:

  • How much you earn in total
  • 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 your 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 £3,000 that you make

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

You pay £3,146 at 20% tax rate on the remaining £15,730 of your capital gains

Tax bill amount £3,273

I want to pay by

Savings frequency

You need to save

£4.91 per day

to pay your £3,273.00 tax bill by 31/1/2026 which is in 666 days

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? ›

Capital Gains Tax

Do day traders get taxed differently? ›

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.

How do day traders avoid capital gains tax? ›

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 pay quarterly taxes? ›

With day trading taxes, we may have to pay taxes quarterly. That would mean paying a tax payment every four months. If your profits are larger than your losses, and that's the goal, you may need to pay quarterly. It's always best to check with your accountant on that.

What is the tax status of a day trader? ›

If you are a day trader in securities, when you file a tax return with the IRS, the IRS treats you as an investor by default. Being an investor, your income from trading is classified as either long term or short term gains or losses by the IRS and is taxed as capital income.

What 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.

How much money do day traders with $10,000 accounts make per day on average? ›

Assuming they make ten trades per day and taking into account the success/failure ratio, this hypothetical day trader can anticipate earning approximately $525 and only risking a loss of about $300 each day. This results in a sizeable net gain of $225 per day.

What is a simple trick for avoiding capital gains tax? ›

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account.

How do I pay myself as a day trader? ›

A day trader can have dry spells or experience volatility in their earnings. As a result, many trading firms offer instead a draw in lieu of a salary. This is often a modest amount of money meant to cover everyday living expenses and is drawn monthly. Then, any excess earnings are paid out in the form of bonuses.

Can I make a living as a day trader? ›

In theory, day trading offers the opportunity to earn a lot of money in a short period of time. However, the chances are extremely poor: only around 3 % make profits in the long term. The vast majority of traders lose large sums of money through day trading.

What is the pattern day trader rule IRS? ›

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 I get around day trading taxes? ›

Capital gains distributions and dividend distributions—the money you make on your investments—require you to pay taxes in the year you take these distributions. Investors may avoid or defer these taxes by holding their investments in a tax-advantaged account, like a 401k or IRA.

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.

How to prove income as a day trader? ›

Some ways to prove self-employment income include:
  1. Annual Tax Return (Form 1040) This is the most credible and straightforward way to demonstrate your income over the last year since it's an official legal document recognized by the IRS. ...
  2. 1099 Forms. ...
  3. Bank Statements. ...
  4. Profit/Loss Statements. ...
  5. Self-Employed Pay Stubs.

Are taxes difficult for day traders? ›

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.

What is the tax bracket for day trading? ›

What is the day trading tax rate?
Tax rateTaxable income bracket
12%$10,276 to $41,775
22%$41,776 to $89,075
24%$89,076 to $170,050
32%$170,051 to $215,950
3 more rows
Oct 21, 2023

Is there tax on same day trading? ›

Intraday trading falls under the purview of short-term capital gains tax. This means that any profits from intraday trading are treated as short-term capital gains and are subject to tax at the applicable rates. Note that short-term capital gains are added to the individual's taxable income and taxed accordingly.

Is trader tax status worth it? ›

Tax Advantages of Trader Status

Potential upsides of qualifying for trader status for tax purposes include: Traders can deduct expenses on Schedule C and benefit from SE tax exemption. They're considered to be in the business of buying and selling stocks (and other securities, if applicable) for a profit.

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.

Should day traders use an LLC? ›

We generally recommend that active traders conduct their active trading business in a legal entity (usually an LLC).

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