I agree H08
The distinction between trading and investing is more important for the purpose of determining if any gains and losses are to be treated as ordinary income ("revenue account") or on capital account for income tax. If the ATO views your share transactions as trading you will not get the benefit of the CGT discount on any trading gains, but you will be able to claim your trading losses against other ordinary income such as salary and wages or interest income. The distinction between trading and investing is blurred and the ATO will usually be reluctant to treat you as a trader, particularly if you are making losses. That said, if you regualrly do day trades then you will likley be treated as a trader. It is possible to categorise your share activities into "baskets", where one basket of shares if held for investing and the other for trading, but you have to document this (similar to your strategy for SMSF compliance). A better strategy might be to do your investing in your SMSF and your trading outside the SMSF, or use other separate legal entities for each. It all depends on what you want to achieve for tax.
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