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CuriousAK(Newbie)Newbie
21 Mar 2026

I have always treated myself as a share investor but my activity this financial year has changed significantly.


My current approach:

  • I buy and sell shares every week, typically 2–4 transactions per week
  • I hold positions for a few weeks before selling at either a profit or a loss
  • I sometimes buy back into the same company if I think conditions have improved
  • I have a full-time job — share trading is not my main source of income

I have read the ATO guidance on Share investing versus share trading, but I'm still unsure whether my activity now qualifies as carrying on a business of share trading.

My specific questions are:

  1. Based on the frequency and pattern above, would the ATO likely consider me a share trader rather than a share investor for this financial year?
  2. If I am now a trader, does this apply from the start of the financial year, or only from the point my activity changed?
  3. What are my record-keeping obligations as a share trader? I currently only have basic records through my broker (Sharesight) — is that sufficient?
  4. Can my trading status differ from year to year, depending on my activity level?

Regarding wash sales (if I am still classified as an investor):

  1. Some of my transactions may look like wash sales — I sold shares at a loss and then bought back into the same company shortly after when I felt conditions had improved. This was not done deliberately to manufacture a capital loss, but the pattern is there. How should I treat these transactions in my tax return?

Any guidance would be appreciated. I am happy to consult a tax professional but want to understand the basics first.

214 views
2 replies
214 views
2 replies

All replies

Taxduck(Taxicorn)Taxicorn
22 Mar 2026

You would need a private ruling to determine whether the ATO would consider you a trader or investor. Example of one below

1051501588624 | Legal database

Note from the ruling "you can operate both a share investment and trading portfolio simultaneously"

Share trading may start anytime during the financial year and may cease at any time in any future year. (it is a business after all)

As for the sales that may or may not be considered as wash sales, these wouldn't be treated any differently to any other sale.

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Share trader or investor — how do I know which one I am? | ATO Community