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

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  • 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

    £3,000 tax-free CGT allowance

    ?

  • Capital Gains Tax to pay

    £3,273

  • Profit after tax

    £16,727

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

Does pattern day trading affect taxes? ›

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 much tax do you pay as a day trader? ›

Are day traders taxed differently?
Gross Annual IncomeLong-Term Tax RateShort-term/Regular Tax Rate
Up to $9,3250%10%
$9,326 to $37,9500%15%
$37,951 to $91,90015%25%
$91,901 to $191,65015%28%
3 more rows
Oct 21, 2023

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 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.

What is the downside of pattern day trader? ›

In addition, pattern day traders cannot trade in excess of their "day-trading buying power," which is generally up to four times the maintenance margin excess as of the close of business of the prior day. Maintenance margin excess is the amount by which the equity in the margin account exceeds the required margin.

What happens if you become a pattern day trader? ›

What Is a Pattern Day Trader (PDT)? If this occurs, the trader's account will be flagged as a PDT by their broker. The PDT designation places certain restrictions on further trading; this designation is put in place to discourage investors from trading excessively.

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.

How to file taxes as a day trader? ›

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 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.

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.

How to show proof of 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.

What can day traders write off on taxes? ›

Traders can deduct educational expenses, like stock trading seminars and educational materials, provided that these expenses are itemized and exceed two percent of their adjusted gross income. If a trader works from home, they can take a home office deduction. All of these deductions are listed on their Schedule-C.

How do you avoid the pattern day trader rule? ›

What are some ways for new traders to get around the PDT rule?
  1. Use a cash account. This is a little known fact that many beginner traders don't realize. ...
  2. Divide that capital up into multiple margin accounts. ...
  3. Open an offshore trading account. ...
  4. Buy and swing trade overnight.

What is the tax rate for day traders? ›

If you buy an asset and sell it within a year of buying it and your profit, you're taxed at the short-term rate. Essentially, the profit is added to your yearly income and taxed at the same rate as your income. Depending on your tax bracket, short-term capital gains are taxed at 10% – 37%.

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.

Does day trading make taxes harder? ›

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.

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

We recommend an average of four transactions per day, four days per week, 16 trades per week, 60 a month, and 720 per year on an annualized basis. Count each open and closing transaction separately, not round-trip.

Can I get around pattern day trader rule? ›

In addition to having an offshore account, day traders can avoid the PDT Rule by trading foreign currency or futures. Neither of these asset classes require a certain level of cash. In fact, you can open an account with many brokers for just a few thousand dollars.

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.

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