Securities transactions: the traditional test of income vs. capital account classification

Securities transactions: the traditional test of income vs. capital account classification

Traditional test used by the courts to distinguish between securities transactions on income account and those on capital account:

The elements of the traditional test include:

(a) frequency of transactions;

(b) period of ownership;

(c) knowledge of securities markets;

(d) security transactions forming part of the taxpayer’s ordinary business;

(e) time spent researching securities markets and potential purchases;

(f) the extent to which debt financing is used;

(g) advertising; and

(h) in the case of shares, whether they are speculative in nature or dividend-paying.


Disclaimer:
“Please note that the information provided in this article is of a general nature and may not be accurate for your specific situation. The information is current as of the date of posting and is not intended to provide legal advice. It's always recommended that you consult with a professional accountant and lawyer for personalized guidance and advice."