Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
Joachim(Devotee)Devotee
24 Jan 2021

Hi , Please assist me.

If a business decides to buy and sell shares as an additional form of income, should the share sales be categorised as normal non - capital income ?

The exiting line of business is in manufacturing industry.

As far as I know the deciding factor would be the intention ,

If the shares were bought as an investment ( expecting dividends/ disposal gains) then its a capital event.

If to be traded as buy & sell ( mainly gains) then normal income.

So how could a buiness substantiate its intention ? Would a mere statement that " I (business owner) bought the shares with the intention of buy & sell " be enough as proof ?

E.g During a financial year a business buy a set of shares ( Intention is buy and sell) . But desipite the ability to dispose and an earn a profit , the business holds on to the shares expecting the value to apprecciate more.

Also this is the only purchase it made in a while ( no regular buy and sell)

After a few years the disposal is made and owner expects to account as normal income . Is it allowed ?

How regularly should buy and sell happen to convice ATO that it indeed is buy and sell ?

What substantiation is required ?

Sorry for the too many questions.

Thank you

1,039 views
2 replies
1,039 views
2 replies

Most helpful response

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
24 Jan 2021

If a business decides to buy and sell shares as an additional form of income, should the share sales be categorised as normal non - capital income? Also, this is the only purchase it made in a while ( no regular buy and sell)

How regularly should buy and sell happen to convince ATO that it indeed is buy and sell?


Capital gains, because not a share trader.


Share investing versus share trading | Australian Taxation Office (ato.gov.au)


So how could a business substantiate its intention? Would a mere statement that " I (business owner) bought the shares with the intention of buy & sell " be enough as proof?


You will be judged by your actions, not just documents.

It could be that this was a profit-making scheme - profit taxed as income.



Documentation for intention should have been created before the purchase

All replies

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
24 Jan 2021

If a business decides to buy and sell shares as an additional form of income, should the share sales be categorised as normal non - capital income? Also, this is the only purchase it made in a while ( no regular buy and sell)

How regularly should buy and sell happen to convince ATO that it indeed is buy and sell?


Capital gains, because not a share trader.


Share investing versus share trading | Australian Taxation Office (ato.gov.au)


So how could a business substantiate its intention? Would a mere statement that " I (business owner) bought the shares with the intention of buy & sell " be enough as proof?


You will be judged by your actions, not just documents.

It could be that this was a profit-making scheme - profit taxed as income.



Documentation for intention should have been created before the purchase

Loading
Sale of shares - Normal income or capital gains event ? | ATO Community