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I agree, but if you choose to declare as capital gains and you are clearly in the day trading interpretation, you may expose yourself to penalties in the future. If you are in a grey zone, then you may end up with interests fees only (if you win your case, that is). In my opinion, you don't want to be used as an example by centralized zealous officials, so it may be preferable to consult a specialist in the matter.

Agreed.

If day trading, that’s clearly black-and-white. A few trades per month held over longer timeframes... fair game to push the capital gains angle...