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i think sparky is onto something.

i believe scenario is analogous to the swing trader who buys & adds 500 shares to an existing holding of 1000 shares. His purpose is to improve his portfolio, but it also happens that in carrying out this purchase, he has adjusted his unit cost downwards. He has owned the existing holding for several years. The aggregate of 1500 shares is now trading at a paper loss to his cost. A few days later he sells 500 shares to crystallize a loss on those shares. The 500 are not subject to the superficial loss rules because they came from the older holding of 1000 shares. He is free to repurchase them within the 30-day limit.

we are now veering close to US swing traders who maintain older core position inventories around which they conduct partial trades, thus always avoiding short-term gains with their high US taxation rate.

so the individual who pre-buys in his tfsa, waits a day or 2, or possibly past settlement, then sells in his non-registered account is merely responding to market circumstances, not avoiding superficial loss rules ...
 
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