1.1) What is the purpose of this FAQ?
This FAQ is *not* intended as a comprehensive
guide to trader status taxation. That is covered in the
TradersTaxPlan™ This FAQ is a fast and easy way to
get answers to general questions, many of which are so often
misrepresented over the internet
1.2) What is Versus Purchase or VSP?
A method of identifying specific shares of
securities to be sold for tax purposes--also called vs. purchase. If
versus purchase is not specifically stated at the time of sale, the
IRS deems the securities sold are made on a first-in first-out
(FIFO) basis.
1.3) What is a Wash Sale? (SEC definition)
Also known as a accommodation sale or a
fictitious sale is a security or commodity that is bought and sold,
either concurrently or within a short period of time, to create
artificial market activity with the intent to profit from the
resulting change in the security's
price. Wash sales are prohibited under Section 4c of the
Commodity Exchange Act.
See:
Price Manipulation
Market Manipulation
SEC Prohibitions on Fraud
SEC
Administrative Proceeding against Rajan Moondra
SEC
v. Kin H. Lee
SEC
definition of Wash Sales
1.4) What is a Wash Sale? (IRS definition)
The sale of a security at a loss and the
purchase of shares within 30 days while continuing to hold either a
long or short open position in the security. The IRS temporarily
disallows (defers) such losses for tax purposes. The IRS also
extends the wash sale prohibition to closing short sales. See
The Wash Sale Rule for more detailed information.
1.5) What are "Cash-Settled Options"?
These are options for which no actual common
stock is bought or sold on behalf of the option buyer, rather they
can be exercised for cash only at expiration.
1.6) What are "Physically Settled Options"?
These are options for which actual shares
are bought or sold when the option is exercised.
1.7) What is the "trade through"
rule?
The trade-through rule, which was first
instituted in 1975, was designed to make sure investors got the best
available price for their stock trade. A market system would not
allow one customer to "trade through" an existing order without
first matching that order. A customer's order has to be routed to
the destination with the best price at the moment the order is
entered.
That sounds like a good idea on the surface, but the rule was
enacted before electronic markets existed. Though it's moving in the
direction of automation, the NYSE is still at heart a manual system,
with trades handled by specialists in particular stocks.
Nasdaq, however, is fully automated, so while a quote on a Nasdaq
stock is currently executable, a quote on an NYSE stock is
considered an indication and not a firm quote.
The trade-through rule as it stands means that if you place an order
and the best possible quote is with a particular specialist on the
floor of the NYSE, then your broker is required to route your order
there. But a NYSE quote is not immediately executable–it's more
analogous to an advertised price than an actual price.
Specialists are allowed to hold an order for 30 seconds before
either executing it or handing it off to another specialist—and
during that time, the price may change.
Executives at the NYSE have defended the trade-through rule, saying
it's good for small investors. But Nasdaq members often charge NYSE
specialists with bait-and-switch pricing tactics so that orders are
routed to the NYSE, then executed at a worse price than what was
available at the time the order was entered.
The trade-through rule mandates that when a security is available on
more than one exchange, transactions may not occur in one market if
a better price is offered on another market. Defenders of the rule
portray it as an essential protection for investors, particularly
small investors who find it difficult to monitor their brokers’
performance. Opponents argue that its principal effect is
anti-competitive; that it protects traditional exchanges – where
brokers and dealers meet face to face on trading floors – from newer
forms of trading based on automatic matching of buy and sell orders.
The Securities and Exchange Commission (SEC) has proposed new
regulations that would modify the trade-through rule, which it
describes as antiquated, by allowing investors to “opt out” of the
rule voluntarily and by permitting traders on “fast” markets to
trade through (that is, ignore) better prices offered on
non-automated exchanges. The securities industry is divided on the
SEC’s proposal, but there is a consensus that amending the
trade-through rule could force dramatic changes in the way stocks
are traded, especially on the world’s largest market, the New York
Stock Exchange (NYSE). Committees in both the House and Senate have
held hearings on this and other market structure issues, most
recently in the House Financial Services Subcommittee on Capital
Markets, Insurance, and Government-Sponsored Enterprises on May 18,
2004.
1.8) What is the "tick" test?
Restrictions on when a short sale may be
executed. Tick-test rules dictate that a short sale can be made only
in two situations:
- When the price of the particular stock
is higher than the last trade price (an uptick)
- In a case where there is no change in
the last trade price. The previous trade price must be higher than
the trade price that preceded it (a zero uptick or zero plus tick)
1.9) What is Naked Short Selling?
Naked short selling is selling short
without borrowing the necessary securities to make delivery, thus
potentially resulting in "fail-to-deliver" securities to the buyer.
Naked short selling can have a number of negative effects on the
market, particularly when the fails-to-deliver persist for an
extended period of time and resulting in a significantly large,
unfulfilled delivery obligation at the clearing agency where trades
are settled.
This being akin to con job thievery, the SEC allows the well-heeled
players on the Street to practice naked short selling with relative
impunity. Consider this: If one were to sell prime real
estate, raw acreage, to an investor... Only to find out later
that the seller did not have perfected title to the land (or to make
this analogy closer - that the land did not even exist)? Then
when confronted by the bunko squad, offering the excuse "But sir, I
was planning to buy the land back after it declined in value."
Nowhere in the world would such a scheme be accepted, rather the
perps would be locked up in the hoosgow immediately upon discovery!
But the SEC protects the thieves and actually provides the mechanism
that facilitates the activity.
1.10) What is Regulation SHO ?
Regulation SHO replaces Rules 3b-3 and
10a-2, as well as certain self-regulatory organization (“SRO”) rules
governing short sales, and modifies Rule 10a-1. Specifically, Rule
Regulation SHO requires short sellers in all equity securities to
locate securities to borrow before selling, and also imposes strict
delivery requirements in order to settle short sales. The regulation
further includes a temporary rule that establishes procedures by
which the SEC may temporarily suspend, on a pilot basis, the current
“tick” test and the short sale price test of any exchange or
national securities association for specified securities. Regulation
SHO also defines ownership of securities, permits the establishment
of aggregation units (thereby avoiding firm-wide determination of
net long and short positions) subject to certain requirements, and
requires broker-dealers to mark sales in all equity securities
“long,” “short,” or “short exempt.” Finally, the SEC voted to
eliminate the shelf offering exception in Rule 105 of Regulation M
under Regulation SHO, thereby prohibiting short sales covered by
securities offered off the shelf.
1.11) What is Give-Up?
A customer "give-up" is a trade executed by
one broker for the client of another broker and then "given-up" to
the regular broker; e.g., a floor broker with discretion must have
another broker execute the trade.
1.12) What is Give-In / Give-Up Management?
Trades accepted for your clearing account
with certain brokers are designated as give-in trades on your daily
statement. Information such as the executing firm and other relevant
trade identifiers are also noted on each give-in transaction. These
services allow clients to maintain relationships with different
executing brokers while reaping the benefits of centralized
clearing, such as improved risk management, simplified treasury
operations, reduced administration, easier trade confirmation and
consolidated margin requirements.
1.13) What is Buy Side?
The side of Wall Street comprising the
investing institutions such as mutual funds, pension funds and
insurance firms that tend to buy large portions of securities for
money-management purposes. The buy side is the opposite of the
sell-side entities, which provide recommendations for upgrades,
downgrades, target prices and opinions to the public market.
Together, the buy side and sell side make up both sides of Wall
Street.
For example, a buy-side analyst typically works in a non-brokerage
firm (i.e. mutual fund or pension fund) and provides research and
recommendations exclusively for the benefit of the company's own
money managers (as opposed to individual investors). Unlike
sell-side recommendations - which are meant for the public -
buy-side recommendations are not available to anyone outside the
firm. In fact, if the buy-side analyst stumbles upon a formula,
vision or approach that works, it is kept secret.
1.13) What is Sell Side?
The retail brokers and research departments
that sell securities and make recommendations for brokerage firms'
customers. For example, a sell side analyst works for a
brokerage firm and provides research to individual investors.
1.14) What is a Boiler Room?
A place where high-pressure salespeople use
banks of telephones to call lists of potential investors (known as a
"sucker lists") in order to induce them to purchase speculative
securities, sometimes called "the stock of the day" that the firm
has a large inventory of, to be unloaded at significant profit to
the brokerage. It is called a boiler room as an analogy to a
pressure cooker due to the high-pressure selling.
1.15) What is a Bucket Shop?
A firm that uses aggressive telephone sales
tactics to sell securities that the brokerage owns and wants to get
rid of. The securities they sell are typically poor investment
opportunities, and almost always penny stocks. It is called a
bucket shop because originally these firms might execute trades all
day long, throwing the tickets into a bucket. At the end of the day
they would sit back and decide which customer accounts to award the
winning and losing trades to.
2.1) What is a Margin Account?
A margin account is an account you
establish at a brokerage firm that lets you borrow from your broker.
A margin account lets you take a secured loan against your own
portfolio. The advantage is that you do not have to sell any of your
portfolio to obtain the cash. Furthermore, you generally have no
repayment schedule. You are free to repay the loan at anytime,
unless your collateral falls below the required amount. While most
traders use the borrowed cash to buy additional securities, you can
use it for any purpose. However, the wholly owned securities in your
portfolio are collateral for the loan.
2.2) What is a Margin Call?
A margin call is a demand by your broker
for you to deposit cash or fully marginable securities with your
broker.
If the value of your collateral falls below the broker's minimum
requirement (usually about 30% of the loan), you will receive a
margin call by letter, telephone, telegram, or other means, to
request additional collateral in the form of cash or fully
marginable securities to meet the requirement. However, only a
percentage of a security's market value can be used to meet your
margin call. If you fail to meet the margin call, your broker is
authorized (remember the margin agreement form) to sell the margined
securities and any other collateral needed to repay the loan plus
interest and commissions. You are responsible for any deficit that
may remain after your assets are sold.
2.3) What is an Outstanding Call?
Your account is currently in a Margin Call
which generally needs to be satisfied (or covered) immediately,
otherwise the broker may liquidate your account, generally starting
with selling out the lower priced (riskier) securities.
2.4) What is a Regulation T Call?
A "Reg. T Call" is issued when the initial
equity for the purchase of a marginable security in your account is
below the minimum required by the Federal Reserve Board (currently
25%).
Similarly a "Reg. T Call" is issued if the value of your older
securities decline to far, resulting in your account falling below
the minimum level required by the Federal Reserve Board (currently
25%).
Your account will go into an Reg. T call if the initial equity for
the purchase of a security is below the minimum required by the
Federal Reserve Board. If your account goes into a Reg. T call you
can meet it by depositing funds, marginable securities, or
liquidating fully paid-for securities. In a call your broker may
forcibly liquidate your account without prior notice, regardless of
your intent to satisfy the call
These are serious calls and need to be covered "immediately."
Part 220--Credit by Brokers and Dealers (Regulation T)
2.5) What is a Fed Call?
A Fed Call is another name for a Regulation
T or Reg. T Call.
2.6) What is a Maintenance Call?
A Maintenance Call is issued when the
market value of your margined securities, plus any cash balance in
your account, less the debit balance of your account, drops below
the broker's maintenance requirements (a percentage ratio computed
from margin debt balance v. marginable account value).
Your account will go into an maintenance call if its value drops
below the broker's maintenance requirements due to changes in the
market value of a security or when you exceed your buying power. If
your account goes into a maintenance call, you can meet it by
depositing funds, selling stock, or depositing securities. In a call
your broker may forcibly liquidate your account without prior
notice, regardless of your intent to satisfy the call.
2.7) What is a Day Trading Buying Power
Call?
If your account meets the minimum equity
requirements for day trading and then exceeds the day trading buying
power on executed trades this creates a special maintenance margin
deficiency. As a result a day trading buying power call will
be issued. Once a day trading buying power call is issued, the day
trading buying power is restricted to two times margin maintenance
excess for 5 business days unless the call is met earlier. If the
Day Trading Buying Power Call is not met within 5 business days, the
account will be permitted to execute transactions on a cash
available basis for 90 days or until the call is met. Multiple day
trading buying power violations may result in a restriction limiting
transactions to a cash available basis.
Potentially day trading calls can only be met by depositing cash or
fully paid securities, or by selling non-marginable securities.
2.8) What is a "Friendly Loan" used to cover
a Day Trading Buying Power
Call?
Until the Day Trading Buying Power Call is
met by depositing cash, the account remains restricted, pursuant to NASD
Rule 2520(iv)(c).
Pursuant to NASD Rule 2520(iv)(e) the cash must be deposited and
cannot be withdrawn for a minimum of two business days following the
close of business on the day of deposit.
Here's where the "friendly loan" comes into play: Some boutique
brokerages have been known to look the other way when an
"arrangement" is made between two of their customers to transfer
funds from an unrestricted account, into the account with the Day
Trading Buying Power Call. Similarly there are "angels" who,
for a reasonable fee, will lend the cash for a few days to accounts
to meet their Day Trading Buying Power Call. If discovered,
such
"friendly loans" may be subject to NASD disciplinary action
under
NASD Rule 2370.
You can legitimately accomplish nearly the same thing by taking out an advance on
a home equity line of credit, or a cash advance on a Mastercard/VISA.
update 2005:
The NASD now accepts the fact that friendly loans are a part of life
and should be none of their business.
click here for original source of this statement:
In some cases, firms may arrange loans for
customers from other sources, and there have been instances of
customers making loans to other customers to finance securities
trades. A customer that lends money to another customer should be
careful to understand the significant additional risks that he or
she faces as a result of the loan, and needs to carefully read any
loan authorization forms. A lending customer should be aware that
such a loan may be unsecured and may not be eligible for protection
by the Securities Investor Protection Corporation (SIPC). The firm
may not, without direction from the borrowing customer, transfer
money from the borrowing customer’s account to the lending
customer’s account to repay the loan.
2.9) What is a Day Trading Minimum Equity
Call?
If your account has less than $25,000 day
trading equity and is identified as a pattern day trading account, a
day trading minimum equity call will be issued.
Officially it is said that pattern day trader accounts that fall below the $25,000 minimum
equity requirement should consider limiting day trading
activities to cash only transactions until the minimum equity amount
is reached in order to avoid a Day Trading Buying Power Call.
A Day Trading Buying Power Call (see FAQ 2.7) is issued when you do
two or more day trade round trips within one single day and
you then in effect have used the unreplenished day trading buying
power (by buying the later positions using your regular buying power
rather than the unavailable day trading buying power).
2.10) How is Buying Power computed?
Generally computed by taking "Available
Funds" and dividing it by some factor. Normally this is 0.3501
as the factor as applied to "House
Surplus Available Funds." i.e. if you had
$100,000 of House Surplus available funds at the beginning of the day, then
100,000/.3501 equals $285,632.67 of Buying Power for the day.
Otherwise 0.50 is the factor as
applied to "SMA Available Funds."
i.e. if you had $100,000 of SMA available funds at the beginning of the
day, then 100,000/.50 equals $200,000.00 of Buying Power for the
day.
Non-marginable securities, such as stock options, have buying power
of "Available Funds" less any "Pending Cash Deposits."
2.11) How are "Available Funds" computed?
"Available Funds" is the lower of Special
Memorandum Account (SMA) Value or House Surplus. The House
Surplus is the Marginable Equity Values less the Maintenance
Requirement. The SMA is some "mystical" account valuation that
generally bears little resemblance to reality. Usually your SMA exceeds your House Surplus so it doesn't matter much.
SMA increases 100% for all cash deposited to your account and by 50%
of net daily changes in securities purchases and sales. SMA
decreases 100% for all cash withdrawals. Depreciated security
values (trading losses) do not lower the SMA account balance, hence
over time the SMA tends to climb higher than your House Surplus
account balance.
2.12) How is Day Trading Buying Power
computed?
Margin Maintenance
Excess or SRO Value is used to compute Day Trading Buying Power.
To get to Margin Maintenance
Excess or SRO Value one brokerage that I interviewed takes your
Marginable Net Equity and subtracts 25% of the value of marginable
long positions priced over $1.00 and subtracts 100% of the value of
marginable long positions priced under $1.01.
The resulting amount, the Margin Maintenance
Excess or SRO Value, is then multiplied by 2 for PDT account values
under $25,000 or is multiplied by 4 for PDT account values over
$25,000.
2.13) What is Free-Riding? (cash accounts and
the pattern daytrader overnight positions trap)
Purchasing security and then selling it prior
to actually "paying for" the security (or never separately paying
for the security, but rather using the sales proceeds to cover the
purchase costs).
A practice in which a brokerage client buys a security in a cash
account and sells the same security without putting up money for the
purchase, an activity that encourages speculation and violates the
credit extension provisions of the Federal Reserve Board. The
penalty for free-riding requires that the customer's account be
frozen for 90 days
Buying and immediately selling securities without making payment.
This practice violates Regulation T.
This trading violation is the result of buying a security in your
Cash Account and then selling the same security without making
separate payment on the full purchase price by Settlement Date. This
situation is called free-riding because basically it is unauthorized
borrowing to pay for a trade.
Trading in a Cash Account using unsettled sales proceeds (rather
than trading in a margin account) or trading in a Pattern Day
Trading Account, when overnight open positions are closed out, makes
a securities trader particularly susceptible to inadvertently
violating the free-riding rule. A violation often requires a
truly immediate cash deposit into the account (i.e. more
immediate than even a Reg. T Margin Call), otherwise the
account may be restricted when making future securities purchases.
There are tricks to help traders trapped by a free-riding violation
and there are rules to prevent the tricks from circumventing the
potential restriction: such as transferring available excess cash
from the account of another trader (a friend, or even an unknown
party who is introduced via the brokerage) to be repaid back
immediately once the free-riding issue is settled.
Exception: Trading "when issued" securities.
Regulation T of the Federal Reserve Board does not allow
investors to buy a security low and sell it high, during the
same trading day, and use the proceeds of its sale to pay for the
original purchase of the security. The penalty requires that the
customer's account remain frozen for 90 days.
Exception: Traders using a Pattern Day Trader account.
2.14) What is Free-Riding? (IPO rule)
NASD Rule 2790 or the old "Hot Issues" Rule and the old "Free-Riding
and Withholding Interpretation."
Free-Riding is a practice prohibited by the Securities Exchange
Commission and the NASD, in which an underwriter holds back a
quantity of IPO shares in order to subsequently sell them at a
higher price.
2.15) What are "seg funds"?
Segregated Funds are customer funds which are
held by futures brokers that back up all the positions its customers
hold in the markets.
2.16) What is Cash-up-front?
A requirement for funds on deposit or on
receipt in a brokerage office at the time you enter your order.
Cash-up-front is required to trade certain types of securities and
is also required for all orders placed in accounts that have a
cash-up-front restriction imposed on them.
2.17) What is the Margin Requirement for a
Concentrated Account?
Example: When one position comprises greater
than 70% of the value of an account the margin requirement for that
concentrated position rises from say 30% to 35% due to the risk of
having "all your eggs in one basket." If the one position
comprises greater than 90% of the value of an account the margin
requirement for that concentrated position rises further to say 40%.
2.18) What is Cost of Carry?
Expenses incurred while a position is being
held; for example, interest on securities bought on margin,
dividends paid on short positions, and other expenses.
2.19) Other Margin Information
NASD daytrading margin FAQ
NASD margin FAQ
http://traderstatus.com/margin.htm
2.20) What is the Carry Trade?
A trade where you borrow and pay interest in
order to buy something else that has higher interest. For example,
with a positively sloped term structure (short rates lower than long
rates), one might borrow at low short term rates and finance the
purchase of long-term bonds. The carry return is the coupon on the
bonds minus the interest costs of the short-term borrowing. Of
course, if long-term interest rates unexpectedly rose (and long-term
bond prices fell as a result), the carry trade could become
unprofitable. Indeed, if this occurred, there could be a number of
investors trying to unwind the carry trade, which would involve
selling the long-term bonds. It is possible that this could
exacerbate the increase in long-term interest rates, i.e. push the
rates even higher.
2.21) What is the Currency Carry Trade?
A strategy where an investor borrows in a
foreign country with lower interest rates than their home country
and invests the funds in their domestic market, usually in
fixed-income securities.
There is a risk with the uncertainty of
exchange rates. You've still got to pay back the money in a foreign
currency. If your domestic currency falls in value relative to the
currency you borrowed, then you run the risk of losing money. Also,
these transactions are generally done with a lot of leverage, so a
small movement in exchange rates can result in huge losses unless
hedged appropriately.
An example of a "yen carry trade" is
borrowing 1,000 yen from a Japanese bank, exchanging the funds into
U.S. dollars and buying a bond for the equivalent amount. Assuming
that the bond pays more than the amount you must pay the bank for
borrowing the funds, and the exchange rate does not move adversely,
you will earn a profit.
3.1) What is a Pattern Day Trader and the
PDT rule?
Any account that executes 4 or more round-trip
trades within any rolling 5 business day period, provided the number
of day trades represent at least 6% of the total trading activity
during the 5 business day period. This rule became effective
September 28, 2001.
NASD Rule 2520 (and NYSE Rule 431). Day
Trading Margin Requirements:
Day Trading
(i) The term “day trading” means the
purchasing and selling or the selling and purchasing of the same
security on the same day in a margin account except for:
a. a long security position held overnight
and sold the next day prior to any new purchase of the same
security, or
b. a short security position held overnight
and purchased the next day prior to any new sale of the same
security.
(ii) The term “pattern day trader” means
any customer who executes four or more day trades within five
business days. However, if the number of day trades is 6% or less of
total trades for the five business day period, the customer will not
be considered a pattern day trader and the special requirements
under paragraph (f)(8)(B)(iv) of this Rule will not apply. In the
event that the organization at which a customer seeks to open an
account or to resume day trading knows or has a reasonable basis to
believe that the customer will engage in pattern day trading, then
the special requirements under paragraph (f)(8)(B)(iv) of this Rule
will apply.
(iii) The term “day trading buying power”
means the equity in a customer’s account at the close of business of
the previous day, less any maintenance margin requirement as
prescribed in paragraph (c) of this Rule, multiplied by four for
equity securities.
Whenever day trading occurs in a customer's
margin account the special maintenance margin required for the day
trades in equity securities shall be 25% of the cost of all the day
trades made during the day. For non-equity securities, the special
maintenance margin shall be as required pursuant to the other
provisions of this Rule. Alternatively, when two or more day trades
occur on the same day in the same customer’s account, the margin
required may be computed utilizing the highest (dollar amount) open
position during that day. To utilize the highest open position
computation method, a record showing the “time and tick” of each
trade must be maintained to document the sequence in which each day
trade was completed.
(iv) Special Requirements for Pattern Day
Traders
a. Minimum Equity Requirement for Pattern
Day Traders - The minimum equity required for the accounts of
customers deemed to be pattern day traders shall be $25,000. This
minimum equity must be deposited in the account before such customer
may continue day trading and must be maintained in the customer’s
account at all times.
b. Pattern day traders cannot trade in
excess of their day-trading buying power as defined in paragraph
(f)(8)(B)(iii) above. In the event a pattern day trader exceeds its
day-trading buying power, which creates a special maintenance margin
deficiency, the following actions will be taken by the member:
1. The account will be margined based on
the cost of all the day trades made during the day,
2. The customer’s day-trading buying power
will be limited to the equity in the customer’s account at the close
of business of the previous day, less the maintenance margin
required in paragraph (c) of this Rule, multiplied by two for equity
securities, and
3. “time and tick” (i.e., calculating
margin using each trade in the sequence that it is executed, using
the highest open position during the day) may not be used.
c. Pattern day traders who fail to meet
their special maintenance margin calls as required within five
business days from the date the margin deficiency occurs will be
permitted to execute transactions only on a cash available basis for
90 days or until the special maintenance margin call is met.
d. Pattern day traders are restricted from
using the guaranteed account provision pursuant to paragraph (f)(4)
of this Rule for meeting the requirements of paragraph (f)(8)(B).
e. Funds deposited into a pattern day
trader’s account to meet the minimum equity or maintenance margin
requirements of paragraph (f)(8)(B) of this Rule cannot be withdrawn
for a minimum of two business days following the close of business
on the day of deposit.
3.2) What happens once an account is
classified as a Pattern Day Trader?
Pattern day trading accounts must maintain
$25,000 in equity to allow unrestricted access to day trading buying
power which is generally four times maintenance excess. Pattern day
trading accounts with less than $25,000 will have day trading buying
power limited to two times maintenance excess. In addition, a Day
Trading Minimum Equity Call will be issued in the account. The call
will remain open until the equity is raised to $25,000.
Officially it is said that pattern day trader accounts with less
than the $25,000 minimum equity requirement should consider limiting
day trading activities to cash only transactions until the minimum
equity amount is reached in order to avoid a Day Trading Buying
Power Call.
A Day Trading Buying Power Call (see FAQ 2.7) is issued when you do
two or more day trade round trips within one single day and
you then in effect have used the unreplenished day trading buying
power (by buying the later positions using your regular buying power
rather than the unavailable day trading buying power).
3.3) Does the IRS require a Securities
Trader to be a Pattern Day Trader in order to qualify for Trader
Status?
No. The Courts do not have any such
requirement. Occasionally an IRS agent doing an examination may
disallow trader status on the grounds that the taxpayer is not a
"day trader" flipping stocks on a daily basis, but this has no basis
in law and should not be a problem if discussed with the examiner's
manager, In the worst case it is generally resolved by going
to appeals to have the examiner's position reversed..
3.4) What is a Professional Trader
(Subscriber)?
Any account that is not classified as a
non-professional. As a professional the account is usually
charged higher fees. Classification of a non-professional
subscriber is any natural person who is not registered or qualified
with:
-
The Securities and Exchange Commission (the
"SEC")
-
The Commodities Futures Trading Commission
-
Any state securities agency
-
Any securities exchange or association
-
Any commodities or futures contract market or
association
A non-professional subscriber is also any
natural person who is not:
-
Engaged as an "investment advisor" definition
consistent with Section 202(a)(11) of the Investment Advisor's Act
of 1940
-
Employed by a bank or other organization
exempt from registration under Federal and/or state securities
laws
If you do not qualify as a non-professional
subscriber, then you are a professional subscriber.
You are considered a professional if:
- Your account type is one of the
following:
- Corporate
- Sole proprietorship
- Partnership
- Limited liability
- Foreign corporate
- Foreign limited liability
- Foreign partnership
- You are registered or qualified with:
- The SEC or NASD
- The Commodities Futures Trading
Commission
- Any state securities agency
- Any securities exchange/association
- Any commodities or futures contract
market or association
- Either of the following circumstances
applies to you:
- You are employed at a bank or any
other financial institution that is exempt from securities
registration and perform functions that would require
registration or qualification if such functions were performed
for an organization that was not exempt.
- You are employed at a non-exempt
workplace, but your responsibilities would require you to be
registered if your workplace were not exempt.
3.5) Those Professional Trader
rules sound complicated. Can you give me more rules to really
make my head spin?
Sure! Nasdaq vender alerts makes subtle
distinctions (primarily looking for who signs the subscription
agreement, rather who pays the bill):
Through August 31, 2001 this was their rule:
Vendors of Nasdaq® real-time market data
are required to identify the non-professional status of any
subscriber for whom they are seeking to pay the lower,
non-professional subscription rate for Nasdaq Level 1 ServiceSM.
To qualify for the lower, non-professional
rate, an individual subscriber must be able to answer "NO" to
all of
the following questions:
- Are you registered with any state,
federal, or international securities agency or self-regulatory
body?
- Are you engaged as an Investment
Advisor?
- Are you employed by an organization that
is exempt from U.S. securities laws that would otherwise require
the individuals’ registration?
- Is your account either billed or
contracted under a business or organizational name?
- Are you using or planning to use Nasdaq
data for any reason other than personal use?
If the subscriber can answer "YES" to any
of these questions, Nasdaq considers the person to be a professional
and ineligible for the lower fee rate.
According to the Nasdaq Subscriber
Agreement and Nasdaq Vendor Agreement, the phrase "non-professional"
is defined as follows:
"Non-professional" means, any natural
person who is neither: (a) registered or qualified in any capacity
with the SEC, the Commodities Futures Trading Commission, any
state securities agency, any securities exchange or association,
or any commodities or futures contract market or association; (b)
engaged as an "investment advisor" as that term is defined in
Section 201 (11) of the Investment Advisors Act of 1940 (whether
or not registered or qualified under that Act); nor, (c) employed
by a bank or other organization exempt from registration under
federal or state securities laws to perform functions that would
require registration or qualification if such functions were
performed for an organization not so exempt. The phrase
"Professional Subscriber" means all other persons who do not meet
the definition of Non-Professional Subscriber.
See
http://www.nasdaqtrader.com/Trader/1999/vendoralerts/vadmin1999-6.stm
for a more detailed review.
The August 31, 2001 changes are found here (in bold print):
http://www.nasdaqtrader.com/trader/news/2001/vendoralerts/valert2001-33.stm
Vendors of Nasdaq® real-time market data are required to identify
the non-professional status of any subscriber for whom they are
seeking to pay the lower, non-professional subscription rate for
Nasdaq Level 1 ServiceSM or Nasdaq Quotation Dissemination
ServiceSM.
To qualify for the lower, non-professional
rate, an individual subscriber must be able to answer "NO" to all
of the following questions:
- Are you registered with any state,
federal, or international securities agency or self-regulatory
body?
- Are you engaged as an Investment
Advisor?
- Are you employed by an organization that
is exempt from U.S. securities laws that would otherwise require
your registration?
- Is your Nasdaq Subscriber Agreement
signed in a business or organizational name?
- Are you using or planning to use Nasdaq
data for any reason other than personal use?
If the subscriber can answer "YES" to any
of these questions, Nasdaq considers the subscriber to be
professional and ineligible for the lower fee rate.
The Nasdaq Subscriber Agreement and Nasdaq
Vendor Agreement, definition of the phrase "non-professional" did
not change.
3.6) Does the IRS require a Securities
Trader to be a Professional Trader (Subscriber) in order to qualify for Trader
Status?
No. The Courts do not have any such
requirement. Occasionally an IRS agent doing an examination may
disallow trader status on the grounds that the taxpayer is not a
"day trader" flipping stocks on a daily basis, but this has no basis
in law and should not be a problem if discussed with the examiner's
manager, In the worst case it is generally resolved by going to appeals
to have the examiner's position reversed..
3.7) What is Nasdaq Level I ServiceSM
?
This is the quote that is published as the
"real-time quote" real-time bid/ask quotes for securities trading on
the Nasdaq stock market. This type of access does not disclose who
is bidding or asking for the stock, and it does not show the "size"
or how many shares they are looking for.
3.8) What is Nasdaq Level II ServiceSM
?
This provides real-time access to the
quotations of individual market makers along with the order size
behind the quoted price. This level of access also gives the name of
the market maker looking to trade the stock. It allows traders to
see what market makers are showing the most interest in a stock and
to identify the patterns for each market maker.
3.9) What is Nasdaq Level III ServiceSM
?
This is a trading service consisting of
everything in Level II plus the ability to enter quotes, execute
orders and send information. This service is generally restricted to
NASD member firms that function as registered market makers. Level
III allows you to enter bid/ask quotes as the trades are being
executed right in front of you. It is the fastest way to execute a
trade and is typically found only on the trading floors of brokerage
firms and market makers.
3.10) What is a Prop Trader (the real deal)?
Proprietary Trader. One who is involved with
transactions with a securities firm that affect the firm's accounts
(or his own linked account within the firm) but not affecting the accounts of
the firm's clients.
Strictly speaking a prop trading firm is one where you would trade
the firm's capital (and only their money). But today the most common
so-called "prop firms" are ones where you put up $5,000, $10,000 or
more and then you trade using 10:1 or 20:1 intraday leverage. These
are also called "trading arcades" by (the) Hoi Polloi.
3.11) What is a Prop Trader ("arcade
trading")?
Called
"trading arcades," because these so-called "prop firms" push you to churn your
account, so that they can make their money off the commissions.
If you are profitable they also take a percentage of your profits,
but that's just an added bonus to them. Commissions are their
main income.
3.12) What is a Quant Trader?
Quant Traders use quantitative trading
strategies for a mathematical or mechanized approach in identifying
patterns in stock price behavior. Hedge Funds and Proprietary
Trading desks at Wall Street firms are often involved, using
technology analysis (price and volume driven) or fundamental
analysis (estimate revisions, growth, etc.)
4.1) What is "Ticker Spam"?
A tactic by web-savvy publicists involves
loading a news release up with dozens, or even hundreds, of company
ticker symbols to increase the number of places online the release
will be seen. For example with MSFT or DELL in news release (even if
the story has absolutely nothing to do with Microsoft or Dell)
millions of shareholders in these two broad based stocks will be
forced to see the news release.
This "ticker spamming" results in news release archiving on Yahoo!,
Bloomberg, AOL and online brokerage sites. It also makes investors
angry when they have to wade through headline after headline of
unrelated copy before finding the news that really matters to them.
4.2) What is Channel Stuffing (legal)?
Channel stuffing is when a supplier
encourages a wholesaler or retailer to increase its inventory. One
technique is a temporary wholesale price discount that creates an
incentive for the retailer to forward
4.3) What is Channel Stuffing (illegal)?
Illegal channel stuffing is when a supplier
encourages a wholesaler or retailer to appear to increase its
inventory. One technique is to agree to simultaneously buy back the
inventory at a price higher than the price it was sold for as an
incentive for the customer to play along.
4.4) What is Bill and Hold (legal)?
As described by the U.S. Defense Logistics
Agency:
This method allows today’s cost-conscious customer to take advantage
of the savings of a non-depot shipment within the needed response
time. In clothing and textiles, the manufacturer produces the item,
is paid for his product, and then places it into DLA-owned
inventory. The vendor receives orders only for what is on hand at
his location, eliminating the guesswork often encountered under a
quick-response (QR) contracting technique. Orders are shipped from
the contractor’s depot directly to the customer. Contractor
locations operating under bill and hold are exempt from the depot
surcharge, which saves the customer money. Shipments from vendors
are under a four-day delivery requirement, which equals the current
depot delivery time.
4.5) What is Bill and Hold (possibly
misleading)?
As described by the Journal of Accountancy:
One of the most common schemes is the bill-and-hold sales
transaction. While it's not necessarily a GAAP violation, it's often
associated with financial frauds and calls for deeper investigation.
The SEC says that all of the following conditions must be met for
revenue recognition to be appropriate:
-
The risks of ownership must have passed to the
buyer.
-
The customer must have a commitment to
purchase, preferably in writing.
-
The buyer must request the bill-and-sale
transaction and substantiate a business purpose for it.
-
A fixed delivery date must exist.
-
The seller must not retain any significant
specific performance obligations.
-
The goods must be complete and ready for
shipment and not subject to being used to fill other orders.
4.6) What is Bill and Hold (illegal)?
GAAP requires that revenue recognition be
based on whether the revenue is realized or realizable and earned.
Revenues commonly are recognized at the time of sale, usually
meaning delivery. Because revenue recognition on bill-and-hold
transactions departs from this general practice, the auditor must
know how and why a company maintains that using this method is
justified. In recent enforcement actions, the SEC said a transaction
must meet all of the following conditions to justify revenue
recognition:
The risks of ownership must have passed
to the buyer.
- The company must have from the customer
a fixed commitment to purchase, preferably in writing.
- The buyer—not the seller—must have
requested the transaction and must have a substantial business
purpose for a bill-and-hold deal.
- There must be a fixed delivery date that
is reasonable and consistent with the buyer's business purpose.
- The seller must not retain any
significant specific performance obligations, such as an
obligation to assist in resale.
- The goods must be complete and ready for
shipment and not subject to being used to fill other orders.
- The exhibit, a confirmation request
letter, is an example of how the independent auditor can confirm
whether a transaction meets the revenue-recognition conditions.
The SEC has emphasized that the above is
not a simple checklist. A transaction might meet all the criteria
and still fail the revenue-recognition guidelines. The following
factors also must be considered:
- The date the seller expects payment and
whether the seller has modified its normal billing and credit
terms for the buyer.
- The seller's past experiences with
bill-and-hold transactions.
- Whether the buyer has the expected risk
of loss in the goods' market value.
- Whether the seller's custodial risks are
insurable and insured.
- Whether Accounting Principles Board
Opinion no. 21, Interest on Receivables and Payables (on
discounting the related receivable), applies.
- Whether the business reasons for the
transaction have introduced a contingency to the buyer's
commitment.
4.7) What is Shipped in Place?
Customers sometimes request that goods that
are ready for delivery be "shipped in place" due to their inability
to accept delivery at that time. In such a situation, the customer
generally pays for the goods upon shipment in place and the seller
treats the goods as delivered. Is revenue recognition appropriate in
such cases?
Generally revenue recognition is not appropriate unless the customer
has taken title to the goods and assumed the risks and rewards of
ownership
In other words, shipment in place will be sufficient delivery for
revenue recognition purposes if it was done at the customer's
request and the parties' rights and obligations after shipment in
place are identical or similar to what the would be had actual
delivery been made.
4.8) What is Pretexting?
A controversial data-gathering technique. Pretexting
is the act of pretending to be someone who you are not by telling an
untruth, or creating deception. The practice of pretexting typically
involves tricking a telecom carrier into disclosing personal
information of a customer, with the scammer pretending to be that
customer.
It's illegal. The Gramm-Leach-Bliley Act outlaws unauthorized
attempts to gain personal nonpublic financial information. (Lawyers
disagree on whether the ban applies to phone records.) Phone
providers view pretexting as illegal and sue those who attempt it.
This is why many investigators say they've stopped the practice. A
bill in the California State Senate could make the offense a state
crime punishable by up to a year in jail.
5.1) I am single and file form 1040.
If I decide to start trading for a living as a sole proprietor, how do
I tell the IRS I'm going to file under Trader Status and when must I
tell them?
You tell them by filing a Schedule C along
with your form 1040. You
usually need to do that by April 15th of the following year.
5.2) Ok, so I'm going to start filing under
Trader Status as a sole proprietor, how do I now tell the IRS I'm
going to use the mark-to-market method of accounting right from the
start and when must I tell them?
You tell them by filing an election statement
attached to either form 1040 or form 4868 no later than April 15th of
the year in which you started trading. e.g. the previous year's
tax return. The election statement must be clear that it applies to
your securities trading or your commodities trading (or both
your securities trading and your commodities trading).
5.3) Hold on! What if I only decided
to start trading as a sole proprietor after April 15th?
Then you may file under Trader Status and
take all the deductions allowed against your income. But you may not use the
mark-to-market method for this, your first calendar year of trading,
unless you somehow had the foresight to file the mark-to-market
election with the IRS by April 15th.
5.4) What? But that isn't fair!
I agree, it is not fair. It is simply the
law, as it now stands.
5.5) So I file under Trader Status as a sole
proprietor for the first year, how do I then elect to use
mark-to-market for a following year and when must I tell the IRS?
You tell them by filing an election statement
attached to either form 1040 or form 4868 no later than April 15th of
the year which you will start using the mark-to-market method and you
also file two copies of form 3115; one with your form 1040 by April
15th of the next year and at the same time, one with the National
Director's office.
5.6) You keep mentioning trading as a "sole
proprietor." What if I use a separate entity, does this make any
difference?
The rules are basically the same for trading
through an entity, with one notable exception: If the entity
(or taxpayer) was not required to file a federal income tax return
for the taxable year immediately preceding the election year (the
year before the year security trading started), then the requirement to
file the mark-to-market election along with the tax return for the year
before the election is waived. In lieu of that an appropriate election is
filed in the taxpayer's own files, and then when the first federal
income tax
return is filed, the election is attached to that tax return.
5.7) What is UBTI?
The Unrelated Business Taxable Income tax
is imposed on the unrelated business taxable income of most exempt
organizations. The purpose of the tax is to prevent unfair
competition by exempt organizations that could use their tax exempt
status to gain an advantage over taxable businesses. Gross income
subject to the tax consists of income from a trade or business
activity, if the business activity is not substantially related to
the organization's exempt purposes and is regularly carried on by
the organization. The deductions directly connected with the
business income as well as specified modifications are taken into
account in determining unrelated business taxable income. The tax is
imposed at the corporate or trust income tax rates, depending upon
the legal form of the exempt organization.
Capital Gains, dividends, interest, rents,
royalties, and similar payments are normally excluded from the scope
of the unrelated business income tax, but such investment income is
subject to tax if derived from a controlled entity or from
debt-financed property e.g. use of margin debt.
There is an annual deduction that offsets the
first $1,000 of UBTI. The tax on such income is called
unrelated business income tax (UBIT).
Tax-exempt organizations include Self-Employed
401(k) Plans, IRA's, Keogh Plans and other retirement plans.
UBTI is an acronym for Unrelated Business
Taxable Income. UBTI generally occurs when a plan generates income
from operating a business, acquiring or improving property through
debt financing, or certain partnerships from which the plan owns an
interest. Refer to IRC § 512(a) (1).
UBTI is income generated by a trust when
engaging in business activity that is unrelated to its general
purpose. Self-directed IRAs were created for long term investing,
and when it purchases an asset that produces income unrelated to the
intent of the “plan” then that income is subject to taxation – which
means your IRA will be paying taxes on profits generated from your
business purchase.
UBTI is subject to Unrelated Business
Income Tax or UBIT. UBIT is a very steep and complicated form of
taxation. Much like Federal Income Taxes, UBIT is set to a laddered
schedule. However it is compressed on much tighter levels. In 2005,
UBIT is taxed at the following rates:
- $0 - $2,000 = 15%
- $2,000 - $4,700 = 25%
- $4,700 - $7,150 = 28%
- $7,150 - $9,750 = 33%
- Over $9,759 = 35%
UBIT was implemented to keep the playing
field even between plans that open businesses and the typical small
business owners. If a plan or self-directed IRA was able to purchase
a business and did not have to pay any taxes, it would be able to
deliver an identical product at a discount. UBIT mitigates that risk
for the typical business owner.
UBIT is one of the most complicated areas
of taxation in the Internal Revenue Code. It is imperative you seek
professional help to make sure you do not incur any severe tax
penalties.
5.8) What is UDFI?
The Unrelated Debt Financed Income tax
is imposed on the unrelated debt financed income of most exempt
organizations. The purpose of the tax is to prevent unfair
competition by exempt organizations that could use their tax exempt
status to gain an advantage over taxable businesses. Gross income
subject to the tax consists of income from an activity that creates
income through the use of debt or leverage. The deductions directly connected with the
debt financed income as well as specified modifications are taken into
account in determining unrelated debt financed income. The tax is
imposed at the corporate or trust income tax rates, depending upon
the legal form of the exempt organization.
There is an annual deduction that offsets the
first $1,000 of UDFI/UBTI.
UDFI stands for Unrelated Debt Financed
Income. UDFI is income generated by an IRA, or other retirement
plans, through debt-financing or leverage. UDFI is taxed much like
UBTI and is similarly as complicated. UDFI only applies to the
profit realized through debt and is based on the highest amount of
leverage carried within the past 12 months. Refer to IRC § 514(a)
(1).
For example: Your self-directed IRA
purchased a piece of raw land in 1999 for $100,000 using a
non-recourse loan with 50% down. In 2004, you sold that same piece
of property to a developer for $200,000. Your IRA had secured a 50%
loan to value (LTV) on the property, and let’s assume that you never
paid down any principle because it was an interest only note. Fifty
percent of the profit would be subject to UBIT because it was
generated by money that was not related to the self-directed IRA.
As a side note – UDFI does not apply if the
debt is paid off 12 months prior to the sale of the property. If the
self-directed IRA can pay off its loan early – it may not have to
pay UBIT at all! If you are intending to purchase assets inside a
self-directed IRA using debt-financing, please consult with a
competent tax advisor.
5.9) Can an IRA account be a type 2 "Margin
Account" or must it be a type 1 "Cash Account"?
There is no SEC law or regulation making
IRA Margin Accounts illegal. There is no DOL law or regulation
making IRA Margin Accounts illegal. There is no IRS law or
regulation making IRA Margin Accounts illegal.
In spite of this, many retail brokerage
houses do not allow margin accounts for IRAs and other retirement
plans.
One big reason for this is that SEC staff
opinions erroneously informed brokerage houses that it was illegal,
per the IRS. The SEC punctuated this by prosecuting Ameritrade/Datek
in 2002 with a fine in the amount of millions of dollars allegedly
for this offense.
It was typical bureaucratic confusion. The
facts are that the Ameritrade fine was for allowing free-riding in
cash accounts (not necessarily IRA accounts).
The SEC had allowed their non-tax-experts
to go off and publish "staff opinions" that said the IRS outlawed
margin borrowing. (but they had misread the gobbledy-gook words in
the IRS regs)
TraderStatus.com spent about 12 months or
so "battling" on a professional level with the SEC until they agreed
to retract all "staff opinions" that said the IRS outlawed margin
accounts. I then also continued the "battle" to get the SEC to
publish a firm retraction and correction of their prior error (and
not just quietly withdraw the staff opinions).
But understandably to "save face," they
would not do so until the IRS affirmatively told them that the
documentation package I had put together for them got an official
IRS blessing.
Unfortunately the IRS has many other
projects on their plate and they have kept putting off this
low-priority SEC request.
5.10) What is the U.S. Code?
The United States Code is most all of the laws
of the United States of America. The tax laws are the Internal
Revenue Code which is also know as "Title 26" as contained with the
U.S. Code. You may search
the U.S. Code here:
http://www4.law.cornell.edu/uscode/index.html#TITLES
6.1) What are the Pink Sheets?
Named for the color of the paper originally
used for the daily listings of bid and ask prices for
over-the-counter stocks along with a list of brokerages making a
market. In generaly usage this is most particularly referring
to those where a price is not listed elsewhere.
In 1999 these unlisted quotations became available via the EQS or
Electronic Quotation Service, an Internet-based, real-time quotation
service for OTC equities and bonds for market makers and brokers.
6.2) What are the Yellow Sheets?
Similar to the pink sheets, except the
prices listed are for taxable corporate bonds and other debt. A
daily bulletin from the National Quotation Bureau which provides
updated bid and ask prices for over-the-counter corporate bonds
along with a list of brokerages which make a market in those bonds.
6.3) What are Blue Sheets?
Named for the color of the paper originally
used to provide the SEC with detailed information about trades
performed by a firm and its clients. The information includes the
security's name, the date traded, price, transaction size, and a
list of the parties involved.
6.4) What is a Green Shoe?
A "green shoe" is the underwriter's option
to buy additional shares (usually 15%) at the offering price
from the company selling new shares. During the 1920's a new share
offering by The Green Shoe Company was the first time underwriters
received an option to buy more shares at the offering price.
6.5) What is a White Shoe?
It is slang for broker-dealers who are
strongly against hostile takeover practices.
Also "white shoe" is a person employed in
corporate finance. At the turn of the century those in corporate
finance were among the hoity-toity of society who were able to wear white shoes since they never did
anything that would get them dirty.
Similarly it refers to the hoity-toity who wore the white buck shoe
as a fashion requirement within elite social organizations in the
1950s. Even the haughty Consuls of Ancient Rome wore white shoes.
6.6) Who are the Hoity-Toity?
Pronounced "hoy tea toy tea" is a
term used by Hoi Polloi with distain to refer to haughty pretentious people
or pejoratively of the bourgeoisie.
6.7) Who are (the) Hoi Polloi?
Pronounced "hoi-puh-LOI" (also
spelled Hoi Poli) are the common people, the plebians (Ancient
Rome) the proletariat (K. Marx) the proles (G. Orwell) the peons and
scrubs, the homies, basically all us schmucks not born with the
silver spoon in the mouth.
6.8) CTA?
Commodity Trading Advisor. An
individual or firm which advises others about buying and selling
futures and/or futures options.
6.9) CPO?
Commodity Pool Operator. When an
entity is used for trading it may be required to register with the
Commodities Futures Trading Commission (CFTC) as a pool operator.
The rules are relaxed if the number of investors is less than 15 and
the total amount of money involved is less than $400,000.
http://www.access.gpo.gov/nara/cfr/waisidx_04/17cfr4_04.html
6.10) CFA®?
Chartered Financial Analyst® certification.
6.11) CMT?
Chartered Market Technician certification.
6.12) PM?
Portfolio Manager.
6.13) PDT?
Pattern Day Trader.
6.14) DBA or d/b/a?
"Doing Business As" Using a
pseudonym. Using a name for a business or operation that does
not include the legal name of its proprietor, the names of all
partners, or the official registered name of the entity that owns
it.
6.15) TBA?
"To Be Announced", "To Be Ascertained", "To
Be Arranged" or "To Be Advised" at a later point in time.
6.16) TBC?
"To Be Confirmed" at a later point in time.
6.17) TBD?
"To Be Determined", "To Be Decided" at a
later point in time.
6.18) TBR?
"To Be Released", "To Be Reviewed", "To Be
Revealed" at a later point in time.
6.19) A&R?
A&R stands for "artists and repertoire,"
but many musicians joke that A&R stands for "attitude and
rejection."
6.20) JBO?
Joint Back-Office. Section 220.7(c)
of Regulation T authorizes the creation of JBO arrangements. These
JBO arrangements permit "a creditor [to] effect or finance
transactions of any of its owners if the creditor is a clearing and
servicing broker or dealer owned jointly or individually by other
creditors." 12 CFR 220.7(c).
Arthur Levitt , Chairman of the U.S. Securities and Exchange
Commission
September 16, 1999 said:
When day-trading firms are organized as LLCs and individual day
traders contribute to the firm's capital, the day traders are
permitted to trade using the firm's capital. These LLC firms
typically participate in joint back office ("JBO") arrangements,
which allow them to enhance their borrowing power. JBO
arrangements have become popular because they allow day-trading
firms to receive preferential margin treatment from their clearing
firms. Specifically, a day-trading firm that participates in a JBO
arrangement can receive credit from its JBO clearing firm on "good
faith" terms. As a result, the customer margin requirements found in
Regulation T and SRO rules do not limit the extension of credit to a
JBO participant. Rather, credit can be extended for up to 100
percent of the purchase price of the securities. As discussed below,
the SROs have proposed revisions to their rules that would make
these JBO arrangements more difficult to use.
Because of the borrowing power permitted by JBO arrangements, the
leverage of day-trading firms organized as LLCs is limited only by
the net capital rule. This essentially allows firms to leverage
their position 6 to 1, rather than the 2 to 1 leverage allowed day
traders under SROs' rules.
General rules:
1. Each JBO participant must be registered as
a broker-dealer pursuant to Section 15 of the Securities Exchange
Act of 1934 and subject to the capital requirements prescribed by
Rule 15c3-1 therein; and shall not be eligible to operate under the
provisions of SEC Rule 15c3-1(b)(i).
2. Each JBO participant must meet and maintain
a minimum account equity requirement of $1,000,000 with each
clearing broker-dealer where a JBO account is carried. If equity is
below $1,000,000 the carrying organization must issue a call for
additional funds or securities which shall be obtained within five
business days. If funds or securities sufficient to eliminate the
deficiency are not received within 5 business days, the carrying
organization must margin the account in accordance with the
requirements prescribed for a customer in Regulation T and Exchange
Rule 12.3.
3. Each JBO participant must meet and maintain
the ownership standards established by the clearing broker-dealer;
and
4. Each JBO participant must employ (or have
access to) a qualified Series 27 principal.
6.21) ROT?
Registered Options Trader engage in market
making on the Floor of the exchange.
Former ROTs trading from off-Floor become
subject to the following rules and requirements not generally
applicable to ROTs:
- Off-Floor traders are subject to the SEC
Net Capital Rule 15c3-1 and are required to maintain minimum net
capital of at least $100,000 at all times. The Net Capital Rule
contains provisions on capital withdrawals, haircuts, undue
concentration charges, subordinated loans and notification for
certain events that do not apply to most ROTs.
- Off-Floor traders become subject to
filing quarterly FOCUS Reports and, in the interim months, a Net
Capital Computation. In addition, off-Floor traders are required
by SEC Rule 17a-5 to have an annual audit performed by an
independent accountant.
- To take advantage of the greater
leverage available, some off-Floor traders establish a Joint Back
Office ("JBO") facility with their clearing firm1. While this
facility can exempt the JBO participant from Regulation T margin
requirements on positions, Amex Rule 462 (h) requires that the JBO
participant maintain at least $1 million equity in an account at
the clearing firm. Failure to do so for more than five consecutive
days will cause the JBO participant to become subject to
Regulation T margin. JBO participants, moreover, are required to
have a qualified Financial and Operational Principal associated
with the firm to ensure that the firm is aware of and complies
with all of the pertinent rules and requirements.
6.22) RIA?
Registered Investment Adviser.
6.23) IAR?
Investment Adviser Representative.
IARs work for RIA firms.
6.24) TICK?
This is the net change of all NYSE stocks
on an uptick minus all NYSE stocks on a downtick. Plus or minus 1000
tends to be an extreme reading.
6.25) TRIN?
The TRIN (also know as the Trading
Index
and the ARMS Index) was invented by Richard Arms in the 1970s. It is
calculated as follows: (Advancing issues / Declining issues)
divided by (Advancing volume / Declining volume). If the index is
above one, the average volume of stocks that fell on the NYSE was
greater than the average volume of stocks that rose. If the index
is below one, then the converse is true. We watch the direction TRIN is moving to indicate the overall trend of the market. For
example, if the TRIN goes from .80 to 1.00, this would indicate
selling is coming into the market.
6.26) DSRO?
Designated Self Regulatory
Organization.
6.27) SRO?
Self Regulatory Organization, i.e. not
regulated directly as a government agency. NASD is a SRO.
more often it is used to mean: Standing
Room Only
6.28) NASD?
The National Association of
Securities
Dealers also known as the NASD, is the regulatory body primarily
responsible for the regulation of persons involved in the securities
industry in the United States. The Securities and Exchange
Commission delegated this responsibility to the NASD. The NASD is a
Self Regulatory Organization, or SRO, in that it is not directly a
government agency.
All firms dealing in securities that are
not regulated by another SRO such as the Municipal Securities Rule
making Board, the MSRB, are required to be member firms of the NASD.
Also, persons licensed to make securities transactions with the
public are known as registered representatives.
6.29) CFTC?
Commodity Futures Trading
Commission is the
federal regulatory agency established by the CFTC Act of 1974 to
administer the Commodity Exchange Act.
6.30) CME?
Chicago Mercantile Exchange.
6.31) FCM?
Futures Commission Merchant is a merchant
involved in the solicitation or acceptance of commodity orders for
future delivery of commodities related to the futures contract
market. A futures commission merchant is able to handle
futures contract orders as well as extend credit to customers
wishing to enter into such positions. These include many of the
brokerages that investors in the futures markets deal with.
6.32) RFC?
Regulated Futures Contracts are approved by
the Commodity Futures Trading Commission.
6.33) DTC?
Depository Trust Company is the central
depository for the brokerage community where stock and bond
certificates are deposited or transferred by the broker
participants. The main function of DTC is to clear and settle stock
trades and to provide custody of securities in an automated
environment. For every trade, there is a buyer and a seller. DTC
provides an efficient and safe way for the buyer and seller to
exchange securities electronically and in a centralized location
eliminating the need for physical stock certificates and time for
transit.
DTC is a member of the Federal Reserve system, owned by the
Depository Trust and Clearing Corporation (DTCC). DTCC, in turn, is
owned by several banks, brokerage houses and trading exchanges.
6.34) DDT?
Digital Delivery Terms:
Delivery vs. Payment - the delivery of securities in exchange for an
asset, usually money.
Delivery vs. Receipt - the delivery of securities in exchange for a
signed receipt for the securities.
6.35) EFP?
Exchange for Physical or Exchange of
Futures for Cash- A transaction in which the buyer of a cash
commodity transfers to the seller a corresponding amount of long
futures contracts, or receives from the seller a corresponding
amount of short futures, at a price difference mutually agreed upon.
In this way, the opposite hedges in futures of both parties are
closed out simultaneously. Also called AA (Against Actuals) or
Ex-Pit transactions.
6.36) TOD?
Transfer On Death. A natural person
may hold accounts as TOD so that upon their demise the account
bypasses probate and bypasses their will. JTWROS and Tenants
in the Entirety may also have TOD accounts.
6.37) JTWROS?
Joint Tenants with Rights
of Survivorship.
When one party dies the account bypasses the decedent's will going
directly into the survivor's ownership.
6.38) FAFSA?
Free Application for Federal
Student Aid.
http://www.fafsa.ed.gov/
See Section 2 - Student Status for rules when
parent's tax return is necessary.
http://www.fafsa.ed.gov/fafsaws67c.pdf
Is FAFSA really due in February? You
should try to file as soon after January 1st as possible because the
"powers that be" need to work on your application. But the
fact is that you can submit the application on an honest, best
efforts basis (for example, using the prior year's data as a guide)
and then amend the submission at a later time. FAFSA calls
amending the application "making corrections" to the application,
and they allow such corrects to be made as much as a full year after
the initial due date. It is generally most advisable though to have
the final amended numbers submitted prior to the start of the
semester.
http://www.fafsa.ed.gov/FOTWWebApp/complete014.jsp
6.39) EULA?
End-User License Agreement A legal
contract between the manufacturer and/or the author and the end user
of an application or software program. This agreement generally
tells how the software can and cannot be used and any restrictions
imposed (e.g., most EULA’s of proprietary software prohibit the user
from sharing the software with anyone else).
The EULA also is often referred to as the software license or user
license.
6.40) UGMA?
Uniform Gifts to Minors
Act which has been
superseded by the Uniform Transfers to Minors Act (UTMA) in some
States.
6.41) UTMA?
Uniform Transfers to Minors
Act. This
is a trust like any other trust except that the terms of the trust
are set in the state statute instead of being drawn up in a trust
document.
6.42) UTMA regret?
The most common reason for regret over a
custodial account is a realization that the child may not handle a
large sum of money in a mature way at the age when control passes.
When your child is 8, you imagine he or she will be a thoughtful
young adult when the account passes to the child's control. Ten
years later you realize that your child still has a lot of growing
up to do.
The second most common reason for UTMA
regret is learning how the account will affect eligibility for
financial aid. Often the original motivation for the account was
college savings. Ironically, using UTMA to put college savings in
your child's name can make it more difficult to finance higher
education, because the financial aid formula in effect imposes a
penalty for assets owned by the child.
There's a third reason for UTMA regret.
Sometimes the parents put a good chunk of money into the account and
then find that they need it. Maybe they're trying to come up with a
down payment for a new home. Possibly they've simply run into hard
times. It's hard to stare a legitimate financial need in the face
knowing the cash you need is sitting right there in the child's
account.
Another problem that sometimes comes up:
parents set up an account for one child and now there are other
siblings. If the parents do not have enough wealth to establish
comparable accounts for the younger brothers and sisters, they're
likely to regret having made the oldest child so wealthy.
Finally, I sometimes hear from people who
simply had no idea what an UTMA account was until after they set it
up. They thought it was a way of designating a future gift, which
they could change at any time before control passed to the child. No
one told them they were making a current, irrevocable gift when they
transferred cash or other assets to the account.
6.43) PWBA?
Pension and Welfare Benefits
Administration
under the U.S. Department of Labor.
6.44) EBSA?
Employee Benefits Security
Administration.
The Pension and Welfare Benefits Administration (PWBA) has changed
its name to the Employee Benefits Security Administration (EBSA).
The agency has a new Web site address,
www.dol.gov/ebsa and a
new address for electronic inquiries,
www.askebsa.dol.gov
exemption procedures:
http://www.dol.gov/ebsa/publications/exemption_procedures.html
6.45) PIPEs?
Private Investments in Public
Equities.
Typically these are private placements of unregistered securities.
Observation: After years (decades actually) of telling the SEC in
detail about abuses with PIPEs and how the unregistered securities
were used to do naked shorting or a virtual shorting-against-the-box
- which in some cases started a short-selling death-spiral
making the PIPEs investors rich at the expense of the general
public, finally the SEC on March 14, 2006 caught up with and gave a
token fine to three hedge funds and their portfolio manager
(Business Week, March 27, 2006, page 12).
6.46) CIL?
Cash-In-Lieu (of fractional stock shares). During a distribution
to shareholders at large, a shareholder might receive cash-in-lieu
of physical delivery if the item to be delivered is unavailable or
less than a whole unit is required by the contract. An example of
the latter would be a cash-in-lieu payment for a fractional share
due in a stock dividend distribution.
6.47) CUSIP?
Committee on Uniform Security
Identification Procedures. The number consists of nine characters
(including letters and numbers) that uniquely identify a company or
issuer and the type of security. A similar system is used to
identify foreign securities (CUSIP International Numbering System).
6.48) more...
http://www.comparedefinitions.com/finance/
Financial Management, Analyst, and
Planning Designations
http://www.financial-designations.8m.com/
designations.htm
http://www.tiscali.co.uk/reference/dictionaries/difficultwords/
7.1) ARM?
Adjustable Rate Mortgages. A mortgage loan
where the interest rate on the note is periodically adjusted based
on an financial index.
7.2) LIBOR?
London Interbank Offered
Rate (pronounced
LIE-bore) is a daily reference rate based on the interest rates at
which banks offer to lend unsecured funds to other banks in the
London wholesale money market (or interbank market). LIBOR is the
opposite of the London Interbank Bid Rate (LIBID).
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