I did a search of
http://www.sec.gov and I was unable to find a concrete explanation for why the SEC raised the minimum account requirement to $25K for Pattern Day Traders.
Minimum account size should be correlated with margin leverage. The higher the margin leverage, the higher the minimum account size.
For example...
$ 2,000 min acct size => 2:1 Margin Leverage
$10,000 min acct size => 3:1 Margin Leverage
$25,000 min acct size => 4:1 Margin Leverage
$50,000 min acct size => 5:1 Margin Leverage
I don't need nor want the government to "protect me from myself". It's my money to do what I want with it.
Imposing a minimum account requirement the way the SEC has done is like imposing a minimum income requirement before you can play the lottery.
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The SEC's definition of "pattern day trader" is welcome in one respect because it clearly defines for the first time what a daytrader is. By doing so, the IRS has to recognize the daytraders when we complete our tax forms. Right now, when it comes to tax forms, it's a gray area. (Or do we still have to wait for the IRS to make the determination of what a daytrader is?)
On the other hand, it bothers me that I have to MAINTAIN my "pattern day trader" status by daytrading at least 4 out of 5 days during the whole year.
What if I want to take a vacation for a month? I lose my "pattern day trader" status and I lose my 4:1 margin leverage. When I return from vacation, I can daytrade again but not with 4:1 margin leverage. Until I've established my "daytrading pattern" will I be able to qualify for 4:1 margin again. This is just a nasty rule. This will be a nightmare for daytrading firms to implement and enforce.
On the other hand, if I had automated trading then I could take vacations all the time
I wish the definition of "pattern day trading" was based on certification. For example, a self-employed electrician who has a business license has to pass certain examination to qualify and be recognized as a legitimate independent contractor.
In the same way, Pattern Daytrading is a legitimate business. A simple requirement where you need a business license and pass an examination on how the markets work is something I would support. This will only necessary so you can qualify for the beneficial tax treatments and qualify for higher margin leverage.
If you don't have a business license or you haven't passed the examination, you could still daytrade but your margin leverage would be 2:1 and you wouldn't qualify for beneficial tax treatment.
This way, how I daytrade, when I daytrade, how often I daytrade is nobody's business. I alone, should determine how I'm going to make a living. If the SEC simply said that I had to get a simple business license to be recognized as a daytrader, then I'm willing to do it.
I mean... Imagine a rule for a "pattern carpenter" as someone who builds at least desk every 4 days out of 5 days. The definition is pretty ridiculous.
We are a community. We will find a way to work with these new rules AND prosper!
MGB