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Canadian Taxes on Forex Income?



I believe income from forex trading is treated as capital gains. What would be the best way to trade? As a sole proprietor, a corp or individually. If sole proprietor does one have to register as a business? Or is it better to incorporate. Anyone already making a living trading forex and has tax experience please answer.

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In general, if you are buying and selling and item with the intention of making a profit on the sale, then this is considered business income, not capital gains. There is no specific exemption from these rules for foreign exchange trading; however if this was something you were doing infrequently you might be able to make the case for capital gains treatment, but if this is your principal source of income then it would be much more difficult to make this case.

Remember also that if you decide to go for capital gain treatment, then the other side of the coin is that any losses you incur will be capital losses, and thus only deductible against capital gains, whereas business losses are deductible against any other income sources that you may have such as employment income.

Income Tax Interpretation Bulletin IT459 discusses the distinction between business income and capital gains.

As to whether you should incorporate or not, if you decide to treat the income as capital gains, then there would be no tax savings by incorporating. If you trade under your own name this would be the least expensive option, and there is no need to register a business name. On the other hand if you decide to treat the income as business income, then there could be some tax deferral from incorporating, but only if you leave profit in the corporation. When you eventually take the profits out either through a salary or a dividend, you will end up paying normal personal income tax on the income.
http://www.cra-arc.gc.ca/e/pub/tp/it459/...
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