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To: Terry Maloney who wrote (71575)2/18/2011 7:50:26 PM
From: Sexton O Blake  Read Replies (2) | Respond to of 233807
 
Thanks for this - I have never seen this before and glad that I have. If you read the document's page 7 section 11, they really are keeping quite a wide net to lock someone down. From "time spent – a substantial part of the taxpayer's time is spent studying the securities markets and investigating potential purchases," to "speculative" investing.

I don't like to trade too much in the non-reg account as I have to spend time in preparing the report plus I figure they will raise an eyebrow to the number of trades - but someone here confirmed that the number of trades I am making is puny compared to what would possibly flagged.

Overall my philosophy has changed over the years .. a non-reg account should have LT investments that may pay a dividend. With that you get the DIV credit plus pay on 1/2 the money (cap gains). Where as in your registered accounts - trade trade trade like it's 1999. Some of the energy trusts that paid INTEREST should have been held outside the RSP.

(I am strictly speaking of someone who has a balanced portfolio that includes TFSA; RRSP and NON-REG accounts - some places are better for certain kinds of stocks)

B



To: Terry Maloney who wrote (71575)2/18/2011 9:14:34 PM
From: Mario :-)  Read Replies (2) | Respond to of 233807
 
Thanks Terry!

I see you guys were talking for Canada. I can stop worry about this :-)



To: Terry Maloney who wrote (71575)2/18/2011 9:39:53 PM
From: johnlw  Read Replies (1) | Respond to of 233807
 
Thx for that link Terry
I bolded the areas of concern that would apply to me.
I've used an acct for 5 years and he has green-lighted me with my activities.
Probably 95+% of my trades last couple of years have been dividend type stocks so that is in my favour fwiw.

200 new creeps have to justify their existence though.....

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.