I see, you are right
This becomes a huge red flag for me then.
- if FX buy/sell under 6 months can cause all your capital gains being taxed at your marginal rate
- than buying 200 EUR at Migros Exchange before going shopping to France, and then selling the remaining 50 EUR after coming back (or anytime before 6 months passes) might cause the Tax Office to classify one as a professional investor, and therefore tax all ETF gains at marginal rate.
This is a bit paranoid, but as a Pole, while dealing with the Tax Office I always assume the worst possible outcome very probable.
I can bet that most of us here could be qualified as professional investors in the event the Tax Office decides so.
“Show me the man, and I’ll show you the crime.”
If you are one of these people that never exchanged back the remaining foreign currency after coming back from holidays, maybe you:
- tried buying BTC etc. and then changed your mind and sold it
- sold an unwanted gift after Christmas
Is being qualified as a “professional investor” a lifetime “badge”, or per tax-year?
If one do not sell their ETFs in the accumulation phase (let’s assume there is no need to re-ballance by selling if one has VT only or 2 ETFs) - therefore how bad is being qualified as “professional investor”?