Day Trading Taxes: What New Investors Should Consider (2024)

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2023 • October 19, 2023 8:10 AM

OVERVIEW

How does trading stocks affect your taxes? Over-trading can have a serious impact on finances. Learn how to be aware of day trading taxes and reduce your tax liability.

Day Trading Taxes: What New Investors Should Consider (5)

Taxes on day trading

Many new investors view day trading as an efficient way to earn money quickly. The idea behind the concept is to make trades over short periods to take advantage of short-term price changes while profiting at the same time.

The results of day trading may surprise you, though, as it can result in losses or substandard returns for the vast majority of traders. It can have large impacts on your taxes, too.

Factors that drive day trading behavior

A few key factors have popularized day trading. Looking at historical data makes day trading look easy, while technology makes day trading easier to access and cheaper than ever before.

You may also hear news shows with investment segments quoting successful experts in sound bites — but they typically don't highlight the resources experts have available or their decades of experience, which can mislead viewers. Finally, many investors seem to only speak about their successes and not their failures.

Day trading taxes: How the costs could exceed the gains

Successful day traders need access to several tools to outperform the markets. They typically pay for an investment trading platform and purchase tools that offer research, charting, and other functions necessary to trade profitably.

While brokerage fees are mostly disappearing, some firms still charge fees on certain transactions. Any brokerage fees that must be paid, quickly add up when you buy and sell investments many times per day. Regulatory fees, although small, add another cost.

Some day traders use margin, or debt, to leverage their trades. This creates the potential for higher gains while exposing traders to the risk of larger losses. Investors have to pay interest and may have to pay other fees to use margin, too.

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.

If your day trading is operated as a business and you meet certain IRS requirements to be considered a "trader in securities," some tax impacts can be reduced while at the same time potentially making any net profits subject to self-employment tax. For everyday investors who don’t qualify as a business, the following rules may apply:

  • You're required to pay taxes on investment gains in the year you sell.
  • You can offset capital gains against capital losses, but the gains you offset can’t total more than your losses.
  • You can use up to $3,000 in excess losses per year to offset your ordinary income such as wages, interest, or self-employment income on your tax return and carry any remaining excess loss to the following year.
  • 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.
  • Capital gains distributions and dividend distributions require investors to pay taxes in the year these distributions are paid out.
  • Investors may avoid or defer these taxes by holding their investments in a tax-advantaged account, such as a 401(k) or Roth IRA.

Investing long term could help to solve day trading issues

Experts often consider long-term investing a better investment strategy than day trading. Long-term investors can take advantage of long-term capital gains tax rates, which can help them save money on taxes. If you hold your investments within a tax-advantaged account, you may receive even more tax benefits.

Long-term investors usually invest in diversified portfolios rather than concentrated positions. Diversified portfolios that aren't touched have often performed better than traders who miss the top ten performing days during the year.

By investing for the long term, you could help to grow your money faster without the heightened risks, costs, stress, and extra headaches associated with day trading. That said, the future is uncertain, and investing is inherently risky. Ultimately, you must come up with the best investment plan for your situation.

Let a local tax expert matched to your unique situation get your taxes done 100% right with TurboTax Live Full Service. Your expert will uncover industry-specific deductions for more tax breaks and file your taxes for you. Backed by our Full Service Guarantee.

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Day Trading Taxes: What New Investors Should Consider (2024)

FAQs

Day Trading Taxes: What New Investors Should Consider? ›

Day-trading tax rates

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 to do your own 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.

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.

Should I set up an LLC for day trading? ›

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

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.

What qualifies someone as 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.

What is considered a professional day trader? ›

Professional day traders earn commissions when they buy and sell stock for customers. They may also be on salary if they work for a financial institution. Individual traders who play the market solo are typically trading their own capital, and can only earn or lose based on what they've invested.

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.

How do you not be classified as a day trader? ›

Understanding the rule

Your account will be flagged for pattern day trading if you make 4 or more day trades within 5 trading days, and the number of day trades represents more than 6% of your total trades in that same 5 trading day period. This rule only applies to margin accounts and IRA limited margin accounts.

What do taxes look like for day traders? ›

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.

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