No, only 30 days. You can buy it back on day 31 without penalty....

But again it really doesn't matter. I mean think about it. Let's say June 1st you lose $900 the first trade, and then June 2nd you make $900 back on the same stock. It's just a wash trade that broke even. No gain or loss for tax purposes or your account. If you trade the same stock everyday all year, you just add up total cost basis and subtract it from total sale proceeds on that same stock to get your final gain or loss on that stock. Ideally you make money and pay the taxes. Besides you can only write off $3,000 max in capital losses. If you're losing much more than that and trying to day-trade, you probably wouldn't last as a trader very long anyway. So when you look at the big picture, it's not really a penalty now is it?

If anything it should help remind you to cut losses quick. You're going to have to pay taxes on what you make anyway, so why not try to accumulate as much as you can before the tax bill arrives?