Kodi

I am a CGA and used to work for CRA so take this how you want.

#1 you are paritally right. For your average investor who has a day job the gains and losses from trading stock are capital. Therefore losses can only be offset against capital gains. The 30 day buy back is a tax thing not a hard fast rule.

#2 Waiting to buy back. There are no rules that say you must wait. But CRA could deem the sale not to have occurred, and then deny your capital loss. This is not likely, but could happen. If so you are only out the brokerage fees, and of course have to pay the tax. The problem is more for those who have to report stock gains and losses as income. a big loss used against employment income may attract attention. But the losses may not be questioned for the reasons you describe, because of what an auditor may look at. If they don't check on repurchases or don't understand the significance you are free and clear.

Hope this helps. GLTA

Nut