Maka
Thanks. The question of whether it is gambling is a long standing issue that is ever only likely to favour the ATO. If you start out and make a losing trade and quit, they CAN say it was gambling and disallow your loss.
The only way I can see that working in your favour is if you have one or two short term transactions in total, which make money and quit. But winners never quit.
As is suggested, once there is evidence of a systematic approach then you are a trader and treated as such.
cfds vs shares, page-12
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