Pretty much my accts view but she doesn't accept investing for capital gains not divs is investing. But really the first test is meaningless. Who invests/speculates for a loss.
My view is that the leading cases all deal with people trying to change their status to trader so as to offset capital losses.tax office fights these as bigger than tax lost to successful traders treated as investors. As such the tax offices arguments place an emphasis on the third test or running like a business.
Might be worth getting second opinion or I might be wrong but as the argument will be worth a bit to me , will push it.
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Pretty much my accts view but she doesn't accept investing for...
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