To: keith massey who wrote (3583 ) 8/8/1999 1:13:00 PM From: AriKirA Read Replies (2) | Respond to of 4467
Hi Keith, Just wanted to share the following with you. One small problem though : the post is in french and I don't have the time to translate the whole thing in english. Some interesting links though! Just hope everyone won't jump all over me for posting the following [ggggg] Capital gain or income?Message 10783953 In short, 'true' daytraders in the technical sense of the word cannot declare their daytrading gains as capital gains. Even though most accountants elect to declare the gains as capital gains, Revenue Canada will most probably reassess you for the last 7 years! Pursuant to subsection 39(5), the election under subsection 39(4) does not apply to a disposition of a Canadian security by a taxpayer who, at the time the security is disposed of, is (a) a trader or dealer in securities, The word trader does not refer to a professional trader. Any trader living off his trading activities generates income. 10. Where the whole course of conduct indicates that (a) in security transactions the taxpayer is disposing of securities in a way capable of producing gains and with that object in view, and (b) the transactions are of the same kind and carried on in the same way as those of a trader or dealer in securities. the proceeds of sale will normally be considered to be income from a business and, therefore, on income account. 11. Some of the factors to be considered in ascertaining whether the taxpayer's course of conduct indicates the carrying on of a business are as follows: (a) frequency of transactions - a history of extensive buying and selling of securities or of a quick turnover of properties, (b) period of ownership - securities are usually owned only for a short period of time, (c) knowledge of securities markets - the taxpayer has some knowledge of or experience in the securities markets, (d) security transactions form a part of a taxpayer's ordinary business, (e) time spent - a substantial part of the taxpayer's time is spent studying the securities markets and investigating potential purchases, (f) financing - security purchases are financed primarily on margin or by some other form of debt, (g) advertising - the taxpayer has advertised or otherwise made it known that he is willing to purchase securities, and (h) in the case of shares, their nature - normally speculative in nature or of a non-dividend type. It pretty much is a case by case scenario but most people are under the influence that they are generating capital gains when in fact they are truly generating income. Take care my friend Kind Regards AK