Hey Merch, you are missing your standard IMO in this post, and it is most defintiely needed as your satement is not factually correct. Unless you are a registered tax agent and can back up your claim, you've got this one wrong.
In some circumstances, you might be right - but this would only occur where the shares were purchased back again shortly after the sale, in which case the ATO may consider it a "wash sale" and the losses could be denied.
If you simply are fed up with a misperforming asset/share and sell it at a loss, the ATO canntot deny that gain.
For someone who constantly baits Chuk for providing misleading information and financial advice, you really are a MASSIVE hypocrite here. I could call you much worse but defintiely don't wnat this post modded by your mates.
PLEASE IGNORE THE TAX ADVICE PROVIDED BY MERCHANT 2000 ABOVE, and furthermore follow the responsible advice provided by Chuk and speak your accountant about such decisions.
IMO
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