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New Eden Innovations Website, page-22

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    It does not need to be your primary source of income to be classed as a trader. I was classed as a trader by the ATO at one stage because of the frequency of transactions where they stated it was obvious intent. I now have two separate accounts one is a trading account ant the other is an investment account. This demonstrates "obvious intent". So it is possible to be both at the same time. If you regularly buy and sell the same stock you will eventually be regarded as a trader. If you sell a stock as an investor at a loss to get a tax loss and then rebuy, the ATO considers it a "wash sale" and disallows the tax loss. If you claim incorrectly and get away with it initially but later on get an audit you will have to repay double the amount incorrectly claimed.
 
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