Is Day Trading Illegal? Let's Debunk this Myth! | Real Trading (2024)

A common question among most traders is whether day trading is legal or illegal. While day trading and investing are not illegal in most countries, there are laws and regulations that you must abide by.

So it is not day trading itself that is illegal, but some practices that may be implemented. In this article, we will look at whether day trading is legal and some of the top things to consider.

What is day trading?

Day trading refers to the process of buying and selling financial assets like stocks, commodities, and bonds with the goal of generating a profit. It differs from investing, which is a process where people buy and hold assets for a few months or years.

A good example of this is shown below. In this chart, we see that Groupon’s shares were in a bullish trend for a while. In this case, an investor would have bought the shares from a low of $3 to almost $10. On the other hand, a day trader would have placed a buy trade at $7.6 and closed at $9.62.

Is Day Trading Illegal? Let's Debunk this Myth! | Real Trading (1)

Day traders don’t focus on the long-term perspective of the assets they focus on like stocks and commodities. As such, investors focus on a company’s fundamentals like long-term revenue and profitability growth while day traders focus on technical analysis and price action.

Is day trading gambling?

One of the most popular questions that people ask is about whether trading is gambling. As such, many people argue that day trading should be regulated in the same way that gambling is regulated.

Day trading has some similarities to gambling in that the two are risky ways to make money. Also, the outcome for the two is usually the same.

For example, in the two, one can make a big return or a significant loss. This view is explained by Britannica’s definition of gambling, which is:

The betting or staking of something of value, with consciousness of risk and hope of gain, on the outcome of a game, a contest, or an uncertain event whose result may be determined by chance or accident or have an unexpected result by reason of the bettor’s miscalculation.”

However, there are differences, which explains why many gamblers are not always the best in day trading. Day trading involves predicting the direction that an asset like a stock or a commodity will move in during a certain duration. There is usually a skill behind all trading moves.

Related » Why day trading is not gambling?

Rules and laws of day trading

Day trading has several rules that people need to consider. First, there is usually a difference between day trading, swing trading, and investing. Day trading is the process of buying and selling financial assets within a single day.

Swing trading, on the other hand, is the process of identifying market moves, initiating trades, and then holding them for a few days. Investors hold their positions for a long time.

A common rule of day trading in the US is the Pattern Day Trader (PDT) rule. In the US, the PDT rule is one where brokers must classify people who execute several trades per day as day traders. Their trades must also represent more than 6% of their customer balance.

In this case, people who execute more than four trades within five days fall in this category. As a result, they are supposed to maintain a certain balance.

There are several ways for overcoming the PDT rule, including opening accounts with several companies, swing trading, joining a prop trading company, or using a foreign broker.

Securities laws and regulations

The day trading and investing industry is highly regulated around the world. In Europe, regulators implemented the MIFID II regulations that were over 30,000 pages. These regulations covered everything, including the use of leverage and marketing of financial products.

In the US, the sector is regulated by several agencies like the SEC, CFTC, and Financial Industry Regulatory Authority (FINRA) among others. The best-known financial regulator in the country is the SEC.

There are laws that govern publicly-traded companies, market makers, exchanges, and brokers. For example, companies must meet some regulations like disclosures. A publicly traded company should provide all relevant information to the market.

Some of the most popular day trading laws are on insider trading and market manipulation. Insider trading is a practice where people trade using information that is not publicly known.

For example, if an insider tells the wide about an upcoming and she does the trade, it means that they have taken part in insider trading and can be jailed.

Also, securities laws prevent other market manipulation things like pump and dump schemes, wash trades, ramping, and lure and squeeze among others.

Further, there are tax laws that accompany day trading. In this case, traders should always ensure that they pay their taxes in order to comply with local laws. These laws differ from country to country. As such, if you are new to these, you should consult an expert.

Restrictions you can suffer for not following the law

Going against securities laws can attract severe penalties, including fines and prison time. One of the most popular cases related to Ken Griffin’s SAC Capital.

After a long time of delivering exceptional returns, Griffin was fined over $1 billion and some of his traders were locked up for years. He was also suspended from the market for a few years.

Another high-profile case was on Raj Rajaratnam, who was locked up for a few years because of security fraud and insider trading.

Brokers who suspect nefarious activities in your account can close your account and even report you to authorities.

FAQs

Should day traders be licensed?

In most countries, registration is not required for day trading since the practice is seen as a way of investing. In the US, day traders are not required to be licensed. People owning home offices, where they trade family capital, operate under laxer laws compared to hedge funds that invest outside capital.

Is day trading legal?

Day trading is a legal thing in most countries. However, as explained above, most countries have laws that govern the industry. Therefore, it is important to learn these laws in your country when making decisions.

Are there countries where day trading is illegal?

Day trading is legal in most countries. However, you will find that some brokers don’t provide their services in some countries. For example, Real Trading does not provide its services in the US.

Is Day Trading Illegal? Let's Debunk this Myth! | Real Trading (2024)

FAQs

Is Day Trading Illegal? Let's Debunk this Myth! | Real Trading? ›

Let's Debunk this Myth! A common question among most traders is whether day trading is legal or illegal. While day trading and investing are not illegal in most countries, there are laws and regulations that you must abide by. So it is not day trading itself that is illegal, but some practices that may be implemented.

Is there anything illegal about day trading? ›

Day trading is not illegal when it is done within normal trade hours and properly recorded. However, a similar practice known as late day trading is illegal and can be prosecuted under commodities fraud law.

What is the truth about day trading? ›

Is day trading a good idea? Day trading is not worth it for the vast majority of day traders. Anecdotally, it's been widely estimated that 95% of day traders ultimately lose money, and it's been empirically demonstrated that about the same percentage of unprofitable day traders continue despite losing money.

Why do you need $25,000 to day trade? ›

Why Do I Have to Maintain Minimum Equity of $25,000? Day trading can be extremely risky—both for the day trader and for the brokerage firm that clears the day trader's transactions. Even if you end the day with no open positions, the trades you made while day trading most likely have not yet settled.

Is day trading really just gambling? ›

Key Takeaways: Day trading is similar to gambling because traders rely on luck and speculation to make money. Gambling is not based on a market analysis or on a consideration of fundamentals, unlike trading.

How much money do day traders with $10000 accounts make per day on average? ›

With a $10,000 account, a good day might bring in a five percent gain, which is $500. However, day traders also need to consider fixed costs such as commissions charged by brokers. These commissions can eat into profits, and day traders need to earn enough to overcome these fees [2].

How do you not get caught in day trading? ›

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

How many day traders actually make money? ›

Day traders are more likely to experience a 50% loss than a 50% gain. While there is potential for large gains, there is also a significant chance of significant losses. This is an important point to consider for anyone considering day trading as an investment strategy. Only 3% of day traders make consistent profits.

Is stock market a form of gambling? ›

Investing is the act of committing capital to an asset like a stock, with the expectation of generating income or profit. Gambling, on the other hand, is wagering money on an uncertain outcome, that statistically is likely to be negative. A gambler owns nothing, while an investor owns a share of the underlying company.

Does anyone actually make money trading? ›

Yes, you can earn money by trading like you are doing job for some company. Here you trade by yourself and you do not need to report to anybody. You are your own boss. Trading is a skill and you need to learn and training yourself to be good trader.

What is the 3 5 7 rule in trading? ›

What is the 3 5 7 rule in trading? A risk management principle known as the “3-5-7” rule in trading advises diversifying one's financial holdings to reduce risk. The 3% rule states that you should never risk more than 3% of your whole trading capital on a single deal.

Can you day trade with $100 dollars? ›

Yes, you can technically start trading with $100 but it depends on what you are trying to trade and the strategy you are employing. Depending on that, brokerages may ask for a minimum deposit in your account that could be higher than $100. But for all intents and purposes, yes, you can start trading with $100.

Is it legal to buy and sell the same stock repeatedly? ›

Just as how long you have to wait to sell a stock after buying it, there is no legal limit on the number of times you can buy and sell the same stock in one day. Again, though, your broker may impose restrictions based on your account type, available capital, and regulatory rules regarding 'Pattern Day Traders'.

Is day trading Legal in the US? ›

Day traders usually buy on borrowed money, hoping that they will reap higher profits through leverage, but running the risk of higher losses too. While day trading is neither illegal nor is it unethical, it can be highly risky.

Why do people say day trading is gambling? ›

Cameron Buchanan, of ASIC accredited online training centre, the International Day Trading Academy, says, “people often treat trading like they are gambling. And the main reason is because most gamblers don't expect to lose. So emotionally, a lot of us are hardwired to not [want to] experience loss.

Who made millions in day trading? ›

Steve Cohen. Steve Cohen's day trading tale is one of a kind. Being the most successful among day traders who made millions, he started as a poker player. His passion for day trading would lead him to develop abilities in day trading and intuitiveness.

Is it illegal to day trade with less than 25k? ›

You can day trade without $25k in accounts with brokers that do not enforce the Pattern Day Trader rule, which typically applies to U.S. stock markets. Consider forex or futures markets, which have different regulations and often lower entry barriers for day trading.

Why can't you day trade with less than $25000? ›

Ultimately, the purpose of the $25,000 minimum equity requirement is to ensure that day traders have enough capital to cover their potential losses and to prevent market manipulation. It also protects brokers from financial risks and helps maintain the stability of the trading industry.

How many times can you legally day trade? ›

If you place your fourth day trade in the five-day window, your account will be marked for pattern day trading for ninety calendar days. This means you won't be able to place any day trades for ninety days unless you bring your account equity above $25,000.

What types of trading is illegal? ›

Insider trading is deemed illegal when the material information is still non-public and comes with harsh consequences, including potential fines and jail time. Material non-public information is defined as any information that could substantially impact that company's stock price.

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