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Is it right that the pattern day trader rule applies to only US stocks that are traded in a margin account? Even then, there are some nuances. Will it apply to:

1.A Canadian national using a Canadian brokerage firm to trade us stocks on an US exchange.
2.A Canadian national using a Canadian brokerage firm to trade us stocks on TSX exchange.

Does it matter if the person was physically inside US at the time of the trade?

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To be subject to the pattern day trader rule you have to be using a

1) RETAIL / Non-professional brokerage account

AND

2) Margin

AND

3) Have less than $25,000 in the account

To get around the pattern day trader rule, you have to

1) NOT be using a non-professional brokerage account WINK WINK GET IT

OR

2) Not be using margin, so a cash account.

OR

3) Have more than $25,000 in the account

to answer your other question about how you so far thought about getting around the regulation, no the US regulation will not apply to US companies that listed on the non-US exchange. It will apply to a brokerage firm trading US stocks on a US exchange, even if your broker decides to ignore it, so you'll have to call them about it.

  • Thanks. What is a professional brokerage account option for a retail investor? Opening an account with a trading firm? – Victor123 Jan 31 '14 at 15:54
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    @Kaushik that's correct, in general the main difference is that you will be paying some form of data fees to get quotes from several exchanges, monthly. Of course, these get less expensive %-wise when you have more trading capital but if you have a strategy that really requires day trading, then you expect to quickly get above a $25,000 account size from profits anyway (or losing all your trading capital), making the data fees negligible. – CQM Jan 31 '14 at 17:49

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