Identifying a Day Trader: The Rulebook
So, you've embarked on the exciting journey of stock trading and opened a brokerage account. It might leave you wondering: How do we differentiate an occasional trader from a committed, bona fide day trader?
Well, the answer lies in your trading activity, and it's your broker who keeps track of it. In the United States, the Financial Industry Regulatory Authority (FINRA) set forth the "pattern day trader" rule. According to this rule, you attain the status of a "pattern day trader" if you engage in four or more day trades within five consecutive business days in your margin account. However, there's a catch – these trades should constitute more than 6% of your total margin trading activity during that period. Remember, day trading refers to buying and selling a financial instrument within the same trading day.
Understanding the Equity Requirement in Day Trading
Day traders often close all their positions at day's end, thus leaving no securities as collateral in their margin accounts to cover risk or satisfy a margin call on a given trading day. To protect themselves against the risk associated with such trades, brokerage firms desired an effective cushion against margin calls, which led to the introduction of the equity requirement for day trading.
Imagine a scenario where you, a casual trader, end up executing four or more day trades in a single week, with no such activity in the following week or the week after. In such a situation, your brokerage firm would most likely classify you as a pattern day trader and would expect you to meet the equity requirement of $25,000 moving forward.
This requirement can be met with a mix of cash and securities. However, it's essential that these assets be held in your day trading account at your brokerage firm, not in an external bank or another firm.
Note: If you're identified as a pattern day trader and fail to maintain $25,000 in your brokerage account before initiating any day trades, you won't be allowed to day trade. The capital must be in your account prior to executing any day trades.
On the bright side, pattern day traders who successfully meet the equity requirement enjoy certain perks such as the ability to trade with additional leverage—using borrowed money to amplify their bets. For instance, a stock day trader could trade with 4:1 leverage, while typical stock investors (like swing traders or buy-and-hold investors) can trade with a maximum leverage of 2:1.
Unraveling Day Trading Loopholes and Alternative Strategies
Not everyone has $25,000 to spare for day trading. Fortunately, there are a few ways to circumvent this requirement. These include strategic loopholes and alternate trading strategies. However, they are not always ideal. Here are some tactics:
- Limit yourself to three day trades within a five-day period. This falls short of the FINRA's rule, which requires more than three trades for a pattern day trader classification. But, it implies a more careful selection of trade signals, so you won't receive the full benefit of a tried and tested strategy.
- Explore day trading in foreign stock markets via an international broker. Not all overseas markets have identical account minimums or day trading regulations as the U.S. Conduct comprehensive research to find out if other markets offer day trading opportunities that align with your needs. Make sure to consult tax and legal professionals before deciding to pursue this route.
- Consider joining a day trading firm. Each firm has different structures, but typically, the initial deposit is significantly lower than $25,000. These firms provide additional capital to trade, using your deposit as a safeguard against any potential losses. In essence, they leverage your capital.
- Switch to swing trading. This strategy involves entering trades that you hold for longer than a single day. While this change in strategy isn't precisely a loophole, it serves traders who want to stay active but don't meet the $25,000 requirement for day trading.
- Open accounts with multiple brokers. While not the most attractive option, doing so can allow you to make six day trades in a five-day period—three trades for each broker. However, with limited capital, each account is likely to be quite small, and day trading with such small accounts isn't likely to generate substantial income. Also, with small account sizes, your trading options may be limited.
Note: Brokers prioritize their protection. They may enforce minimum capital restrictions if they suspect someone is frequently day trading (even if below the four-trade/five-day threshold) or trading in a risky manner.
Exploring Different Markets for Day Trading
One solution that's often better than exploiting a loophole or adopting a different trading strategy is to change markets. Here are some options:
Forex
The forex or currency market operates 24 hours a day during the week, trading currency pairs like the U.S. dollar/Japanese yen (USD/JPY). Start with at least $500, but preferably more, as the forex market offers leverage of potentially 50:1 (this can vary by broker). This leverage means a $500 deposit could allow you to trade—and gain or lose—off of $25,000 worth of capital. Bear in mind that profits and losses can accumulate swiftly.
Futures
Futures are another market where you can trade stock index futures (like the E-mini S&P 500) and commodities (such as gold, oil, and copper). These products are inherently leveraged. A small amount of capital, such as $400 or $500, can give you a position in a product that typically moves 10 or more points a day, where each point is worth $50. Profits and losses can accumulate quickly here, too. It's recommended that futures traders start with at least $2,500 (if trading a contract like the E-mini), but this amount will vary based on risk tolerance and the specific contract(s) being traded.
Note: Most day traders are better off using their capital in the forex or futures market. These markets require far less capital to get started, and even a few thousand dollars can start producing a decent income.
Options
Options are yet another market for day trading. An option is a derivative of an underlying asset, such as a stock, meaning you don't need to pay the upfront cost of the asset. Instead, you pay (or receive) a premium for participating in the price movements of the underlying. The value of the option contract you hold changes over time as the price of the underlying asset shifts. The type of options you trade will determine the capital you need, but a few thousand dollars should suffice to get you started.
Final Words
Becoming a pattern day trader requires significant capital, but there are loopholes and alternative investment strategies that may require less of your money upfront. However, before committing any capital, always consider your risk tolerance and thoroughly investigate all of your options.
How do you pick stocks for day trading?
Day traders typically look for volatile stocks that are likely to experience significant price changes within short timeframes, rather than focusing on business fundamentals like profitability or growth. They also scout for technical chart patterns that offer some statistical predictability about upcoming price movements. Tools like stock screeners can assist in identifying these opportunities.
Is it a day trade if I place four limit buy orders in a day?
Placing four limit buy orders in a day wouldn't qualify as a day trade unless you also sell those securities by the day's end. A day trade occurs when you open and close a position within a single trading day. Therefore, if you bought stocks with four separate orders and then sold them all in one order, it would count as one day trade, not four.
Why are futures exempt from day trading rules?
Futures and stock markets are two distinct beasts with different regulatory bodies and rules. While stocks and related products are regulated by FINRA, futures are overseen by the National Futures Association and the Commodity Futures Trading Commission. Consequently, they do not have a parallel requirement to the pattern day trading rule.