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In principle, day trading is like any


          other business in which inventory is


          purchased at a lower price and sold at


          a higher price (i.e., buy low, sell high).





               he proliferation of retail trading has brought   expensive alternative that charges commissions
               challenges as well as new opportunities for   for enhanced services. In making commission-free
          Taccountants. Because the tax rules surrounding   trading available, these financial institutions see an
          day trading can be murky and complex, clients who   opportunity to profit from extending margin loans
          day-trade as either a primary or secondary source of   to their trading clients.    About the
          income may require the services of a tax professional.   In principle, day trading is like any other   authors
          One important area in which this steadily growing   business in which inventory is purchased at a lower   Joseph Hargadon,
          group of clients may need advice is whether to make   price and sold at a higher price (i.e., buy low, sell   CPA, CGMA, Ph.D.,
          a Sec. 475 mark-to-market election.       high). One difference, though, is that in the finan-  is a professor of
            In this article, we offer some thoughts on day   cial space, both a purchase and sale can be executed   accounting; Irfan
          trading from a tax planning perspective. Practical   instantaneously, generating quick profits or losses.   Safdar, Ph.D., is an
          examples are provided to illustrate the tax differ-  With the increased accessibility of day trading,   associate professor
          ence between making the Sec. 475 election versus   training courses to educate anyone interested in   of accounting;
          not making the election.                  how to trade financial assets have proliferated on   Stephanie
                                                    the internet.                             Wendling, CPA,
          THE POPULARITY OF DAY TRADING               Just like with any business, trading in financial   MS Taxation &
          Day trading typically refers to active trading by   assets requires investment in equipment (e.g.,   Financial Planning,
          retail or proprietary traders who take short-term   hardware and software) and the payment of   is a senior lecturer;
          positions in any of a broad class of financial assets,   regular expenses including commissions, platform   and Eunbin
          including traditional stocks, bonds, currencies   fees, data fees, interest on margin-based loans, and   Whang, Ph.D., is an
          (including virtual currency), commodities, futures,   office expenses. Profit or loss from day trading has   assistant professor
          and, increasingly, options on these assets. Positions   tax implications for the trader’s other income-  of accounting,
          are typically held for as little as a few seconds   generating activities.          all at Widener
          (known as scalp trading) up to several days (known                                  University in
          as swing trading). The day trader’s intent, of course,   TRADER IN SECURITIES       Chester, Pa.
          is to buy an asset for a low price and sell it at a   Typically, a day trader, because of the nature and
          higher price within a short time frame (in the case   extent of the trading activities, will for federal tax
          of a long position; a short position does the same in   purposes qualify as a trader in securities (i.e., an
          the opposite order).                      individual who is in the business of buying and sell-
            An increasing number of online brokers provide   ing securities for his or her own account). If a day
          software and platforms for day traders, who can   trader is considered a trader in securities, he or she
          use margin loans from the brokerage to increase   can make the Sec. 475(f) mark-to-market election
          their buying power to sometimes three to four   (discussed below).
          times their own equity capital. With the recent   However, an individual will not be considered a
          advent of Robinhood, one of the first online trading   trader in securities simply because the individual calls
          platforms to allow its retail clients to place trades   himself or herself a trader or day trader or engages in
          with $0 commissions, day trading became accessible   a limited amount of trading activity, regardless of its
          globally to the general population. The popularity of   nature. To be considered a trader in securities, rather
          this pursuit has driven several traditional banks and   than an investor, an individual must:
          brokerages to follow suit and offer commission-free   ■    Seek to profit from daily market movements in
          trading to their retail clients in addition to a more   the prices of securities and not from dividends,

          journalofaccountancy.com                                                                June 2022    |   37
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