The market did not decide to create same-day options; it added expiration dates until every day was one. The SEC's order recounts the sequence: in 2005 Cboe began listing weekly options on the S&P 500 index expiring each Friday of the month; in 2016 it introduced Monday and Wednesday weekly expirations; and in 2022 it added Tuesday and Thursday. The order describes the result as options "now expiring on every trading day of the year". Nothing about a single contract changed. The calendar filled in around it.
The scale is documented in the same order, and it is the reason clearing regulators took an interest. OCC's average daily cleared volume increased steadily after 2018 and doubled by 2022, reaching more than 40 million cleared contracts, a significant portion of them short-dated. In a study of trading between February and July 2023, options with less than one month to expiration contributed around 30 percent of daily volume across the days examined, and on the expiration dates themselves the figure for 0DTE options reached 40 percent. These are the Options Clearing Corporation's own figures as recited by the SEC, and they describe volume, not the number of people trading.
What is actually different about the last day is that there is no later. An option's price has two parts: what the right is worth if exercised now, and what it might become before it expires. The second part is what a buyer is paying for time, and on expiration day there is almost none of it left to buy. A position that is out of the money at the close is worth nothing, with no intervening session in which the view could come good. That compresses an ordinary options outcome into hours and makes the size of a move matter far less than its timing.
The clearing system's response was a margin change, and it is easy to mis-describe. OCC collects margin at the start of each business day using its STANS calculation, which is based on end-of-day positions from the previous trading session, so it captures neither overnight nor intraday activity. A position opened and closed inside one session leaves no trace in the numbers the margin call was built from. To close that gap, OCC adopted an Intraday Risk Charge, approved by the SEC in April 2025, calculated monthly from the average of the previous month's daily peak intraday risk increases. The charge is not a 0DTE rule: the order states that the calculation "would capture all products that OCC clears, including SDOs and 0DTE options". It also sits between OCC and its clearing members, not between a broker and a customer. The customer-side rules, which FINRA is replacing with intraday margin standards, are covered under day trading.
Tax treatment turns on what the option is written on, and this is the part most likely to be stated wrongly. Under IRC 1256, a section 1256 contract is marked to market at year end and any gain or loss is treated as 60 percent long-term and 40 percent short-term regardless of holding period, which is what makes the rule interesting for a contract that lives one day. But the definitions decide who gets it. IRC 1256(g)(3) makes a "nonequity option" any listed option that is not an equity option, and IRC 1256(g)(6) defines an equity option as an option to buy or sell stock, or one whose value is determined by reference to any stock or any narrow-based security index, and says an option on a group of stocks is an equity option "only if such group meets the requirements for a narrow-based security index". So a listed option on a broad-based index is a section 1256 contract and a single-stock option is not. Since same-day expirations are concentrated in index options, a 0DTE trader may be inside the section 1256 regime without having chosen it, and a reader who assumes the treatment follows the strategy rather than the underlying will get it backwards.