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Re: [sharechat] Investing versus trading


From: Brian Gale <brigale@i4free.co.nz>
Date: Wed, 19 Jul 2000 01:12:16 +1200


Capital gains
New Zealand has no capital gains tax regime. However, trading gains on equity and other securities are subject to income tax, under the Income Tax Act of 1976, if they were purchased for the dominant purpose of resale (as part of a profit making scheme) or as part of a business of dealing in those securities.

This is a quotation from NZSE which I believe makes the difference between a trader & investor reasonably clear. If queried you would need to satisfy IRD that your dominant purpose was not resale but to earn dividends  (which are of course taxable)   IMO a reasonable level of portfolio adjustment i.e. selling one stock & buying another, is unlikely to be queried.  You can easily argue that you needed to change because you didn't think the Company would do so well in the future !!  Who can challenge you on that ?

 (The highlighting is mine)

There have been earlier postings on this subject which you can find in the archives.

At 19:54 18-07-00 +1200, you wrote:
        As an investor over the last few years I have watched the value
of my N.Z. portfolio rise and fall but recently not increase to any
great extent. (currently up 6% over 2 years-dividends not taken into
account) There have been occasions (e.g. tel at $9.50 or airvb at $3.00)
when I have considered selling but did not because of the risk of being
classed as a trader and being liable for tax on the capital gain.
Consequently I have only sold 1 or 2 lots of shares.
        I have now started trading under a separate a/c and expect to
pay tax when profits are realized (or visa versa) and I  have kept my
investment shares separate.
        My question is:
                                Would it be better to have all shares
tradable (whether one does or not) i.e. Being able to sell when a good
capital gain is made and prospects for more is limited, pay the tax, and
reinvest in a share with better growth prospects?

            or,
                                Keep the investment shares separate, pay
no tax, watch them rise and fall and trust that eventually that ones
picks will increase in value long-term?

        I would be interested to hear any opinions.

Grant.


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