You can claim it as capital gains provided you are employed with another company and claim salary expense.
The issue comes when the amount you are making in trading begins to outstrip your salary.
For example, if you make $100k a year and make $10k trading it is very easy to claim capital gains, I've done this myself in the past.
If you start making money the next year and it's getting bigger, CRA will notice and may step in there is no specific amount where this happens.
There is a lot of talk about his 30 day rule and I read about it way back when I took my CSC and these other tax planning courses. I have yet to see it happen with anyone that I trade with.
And the end of the year you square up your capital gains and losses and your left over amount determines your tax bill. Incorporating yourself is a huge pain in the ass and I wouldn't suggest it. Depending on how you trade you can't even set yourself up as a limited company.
Reason... if you did you could just take out a massive loan, filter money out of it, if the trade go sour, shut down the business and funnel money into your personal account and call it a day.
I hate tax. This year my trading income is a mix of capital gains dividends and income. There are ways to structure it but it's different for everyone.
I have a lawyer and a tax accountant to look after my stuff and it's worth it. If you're generating enough trading income, I suggest doing the same.
Also, there are many write offs that you can take on while trading as well but talk to a professional. Don't take anything anyone says on rev scene as law.
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