The pattern day trader rule (US)
Lesson 18 · about 7 min
If you trade US stocks or options with a margin account under $25,000, there is a rule that will hit you within your first few weeks. It is called the pattern day trader (PDT) rule, it is widely misunderstood, and knowing exactly how it works saves you from an account lockout at the worst time.
What the rule says
The rule comes from FINRA, the US brokerage self-regulator. In a margin account:
- A day trade is buying and selling (or shorting and covering) the same security on the same day.
- If you make four or more day trades within five business days, and those day trades are more than 6% of your total trades in that window, you are flagged as a pattern day trader.
- A pattern day trader must keep at least $25,000 of equity in the account at the start of any day they day trade. Equity means cash plus the value of positions; it can be in the form of stocks, not just cash.
- If your equity is below $25,000 and you are flagged, the broker will typically block further day trades until you deposit enough, or lock the account to closing-only trades for 90 days.
In exchange, a pattern day trader with $25,000 or more gets 4:1 intraday buying power: $25,000 of equity can control $100,000 of stock during the day, provided it is closed before the bell.
What counts and what does not
| Action | Day trade? |
|---|---|
| Buy 100 shares at 10 am, sell them at 2 pm | Yes |
| Buy 100 shares Monday, sell Tuesday | No |
| Buy 100 shares, sell 50 the same day, hold 50 | Yes (one day trade) |
| Buy 100, buy 100 more, sell 200 all same day | Yes (usually counted as one) |
| Buy a call option and sell it the same day | Yes |
| Buy and sell the same futures contract intraday | No (futures are exempt) |
| Buy and sell forex intraday | No (not covered) |
| Buy and sell crypto intraday | No (not covered) |
| Any day trade in a cash account | Does not count toward PDT |
The rule applies to stocks, ETFs and options in a margin account. It does not apply to futures, forex, or crypto, which is a major reason small accounts gravitate to those markets. Notice that "gravitating to a market because of a regulatory loophole" is not the same as "gravitating to a market you understand".
The cash account loophole and its cost
Day trades in a cash account do not count toward the PDT rule. So a trader with $5,000 in a cash account can day trade as often as they want, subject to one constraint: they can only use settled funds. With T+1 settlement, money from a stock sold today is available tomorrow. Practically, that means you can turn your account over roughly once per day. Trade $5,000 in the morning, and you are done until tomorrow.
For many beginners this is a blessing in disguise. One trade a day is a sensible limit, and being forced to wait removes the "revenge trade" reflex.
Why the rule exists
FINRA introduced the PDT rule in 2001, after the dot-com bubble, on the theory that day trading on margin is exceptionally risky and that small accounts were being wiped out. Whether $25,000 is the right number, or whether the rule protects anyone, is debated endlessly. FINRA has proposed changes more than once. For now, the rule is what it is, and arguing with it on a forum does not unlock your account.
Common ways people get caught
- Not knowing they have a margin account. Many brokers default new accounts to margin. Check.
- Miscounting. Three day trades is fine; the fourth within a rolling five-business-day window triggers the flag. Brokers count differently for partial fills and multiple lots; assume the stricter interpretation.
- Stopping out of a same-day entry. You buy at 10 am with a plan to hold a week; the stop hits at 11 am. That is a day trade. Protective stops that fire on the day of entry count.
- Options expiring. Buying an option on expiration day and letting it expire is not a day trade, but selling it that afternoon is.
- Equity dipping below $25,000 after a loss. If you are flagged and your equity falls to $24,800 after a bad day, you cannot day trade the next morning until you top up. Traders who sit exactly at the threshold get locked out repeatedly.
Key idea: Four or more day trades in five business days in a US margin account under $25,000 gets you flagged and blocked. Futures, forex, crypto and cash accounts are outside the rule. The rule is annoying, but the constraint it imposes, trading less, is one most beginners need anyway.
Outside the US
There is no direct equivalent in the UK, EU, Canada or Australia. Those regulators instead limit retail leverage on derivatives (CFDs, spread bets, forex) to fixed ratios, and require negative balance protection so you cannot owe more than you deposited. Different tool, same goal: stop small accounts from leveraging themselves into ruin quickly.
What to do
- If you have under $25,000 and want to trade stocks or options actively, use a cash account and accept the settlement brake.
- If you want to day trade with 4:1 intraday leverage, you need $25,000 plus a buffer; $30,000 is a more realistic floor so a bad week does not lock you out.
- If you find yourself thinking "I will move to futures to dodge the rule", finish Module 4's futures lesson first and be honest about whether you understand the leverage you are about to take on.
- Count your day trades. Most brokers show a counter. Look at it before every same-day exit.
Try it: Check whether your account is cash or margin, and find the day-trade counter in your broker's app. Then write down, for the last two weeks of your paper or live trading, how many day trades you would have made. If it is more than three in any five-day stretch, you now know which account type you need.
Recap
- In a US margin account under $25,000, four or more day trades in five business days flags you as a pattern day trader and blocks further day trades.
- Day trades in cash accounts, and all futures, forex and crypto trades, are outside the rule.
- Cash accounts can day trade freely but only with settled funds, which limits you to roughly one account turnover per day.
- Same-day stop-outs count as day trades; keep a buffer above $25,000 if you rely on the exemption.
- Other countries use leverage caps and negative balance protection instead of a day-trade count.
See it drawn
Original diagrams for the ideas on this page. Illustrative, not real market data.