我琴日講個案例係 Lee Yee Shing v CIR [FACV14/2007] 可以睇第95段關於 “factors relevant in determining whether a person who buys and sells shares is carrying on a business”
1. engaging in regular and repetitive transactions;
2. being engaged full time or mainly full time in buying and selling shares;
3. relying on share trading as the sole or dominant source of income;
4. owning or being employed in or closely associated with a business that is involved in share trading or broking, security analysis, fund management or the provision of financial information;
5. having an office and staff to assist in researching or buying and selling shares;
6. paying for trading, financial or market data or subscribing to trade and financial journals or services that provide such data;
7. buying and selling selectively after carefully examining the history and prospects of a company or its shares;
8. setting price targets for the re-selling of particular shares;
9. using a system or method, based on or guided by statistically validated rules, that seeks to reduce the element of chance;
10. using computer programs with an automated set of rules that provide buy and sell signals, indicate how and when to trade and what numbers of shares should be bought or sold at particular times;
11. assessing the likely direction of the market or particular classes of a shares as result of geopolitical events or changes in interest rates, the balance of payments, government policies, the price of oil, gold or particular commodities or in the value of currencies;
12. using risk management strategies to manage capital and leverage and instruments such as stop-loss orders and options to protect investment in particular shares;
13. systematically re-balancing the structure of the share portfolio to reflect different weightings for various classes of shares;
14. engaging in arbitrage to exploit differences in share prices in different markets;
15. allocating capital for share dealings;
16. investing large sums;
17. having a high turnover of shares;
18. borrowing to finance purchases, particularly short term trades;
19. having access to the management of companies or obtaining private company briefings;
20. making company visits;
21. intensively researching the businesses of companies and assessing their future profitability;
22. using valuation methods such as comparable price/earnings or price/sales ratios or discounted cash flows to determine whether the market has undervalued particular shares;
23. searching for catalysts such as the possible restructuring of the business of a company, the “spin-off” of unprofitable divisions or assets or potential takeovers which may unlock hidden value and cause the price of shares to rise after purchase;
24. keeping detailed records of shares bought and sold; and
25. keeping books of account that record the results of the dealings.
https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=59974
另外巴打你搵嗰個係關於source of profits 税例關於利得稅有兩個必要條件前者係香港做生意(即係我哋講緊嗰樣嘢)後者係利潤來源係香港境內 兩樣嘢係獨立分開睇