Carrying on a business of share trading - Fact Sheet
What is ‘carrying on a business’ of share trading?
A ‘business’ for tax purposes includes ‘any profession, trade, employment, vocation or calling, but does not include occupation as an employee’. This definition would include a business of share trading.
The question of whether a person is a share trader or a share holder is determined in each individual case. This is done by considering the following factors that have been used in court cases:
*the nature of the activities, particularly whether they have the purpose of profit making(err??? i invest in shares to lose shat loads guess i must be an investor then.. wtf lol)
*the repetition and regularity of the activities
organisation in a business-like manner,
*the keeping of books or records and the use of a system
*the volume of the operations, and
*the amount of capital employed.