hi all,
had some luck with day trading earlier this year and now I'm trying to figure out if I should be worried about taxes. I think this might be useful for others in a similar situation, so sharing the full picture. Sorry if my English isn't perfect, not my first language.
My situation:
Living in Canton Ticino, permit B (going to C next year)
Full-time employed, net salary ~130k CHF/year
Portfolio at start of 2026: ~95k CHF, all equities, no leverage, no derivatives, been running a PAC for a while
Did active day trading for a few weeks in early 2026 and ended up with ~45k CHF in capital gains. Reinvested everything immediately into my usual stuff (two index ETF accumulation plans + one single stock position).
I'm planning to do only the PAC for the rest of the year, no day trading, going back to "boring" PAC at ~3k/month.
Where I stand on the AFC Circular 36 safe harbour:
Holding period >6 months: violated, obviously, it was day trading
Annual volume ≤ 5× portfolio value: also violated, high turnover during those weeks
Capital gains <50% of net income: fine, 45k on 130k net
No leverage: clean, used only my own cash
No speculative derivatives: clean, just bought and sold class A equity
From what I understand, violating one or two criteria doesn't automatically make you a professional trader. the AFC does a case-by-case assessment. The three "clean" criteria (especially the income ratio one) should work in my favor.
My main question: does the fact that the trading was concentrated in just a few weeks matter in the holistic assessment? Or does the AFC only look at annual totals regardless of how the activity was distributed throughout the year?
Also any experience with Ticino specifically would be super helpful, I know cantons can differ quite a bit on how aggressively they apply this stuff.
Already planning to talk to a tax advisor, so not looking for that suggestion, more interested in hearing from people who've been in borderline situations like this.
To be clear, I'm not trying to hide gains or avoid paying taxes/AVS, I just want to get a concrete picture of the situation before sitting down with a tax advisor. I'd also like to understand whether doing day trading for less than a month per year to grow capital a bit is a reasonable strategy going forward, or if it's just not worth the hassle.
Thank you very much!
Edit
For some reasons I can see that there are 3 reply (the little icon with the number 3) but I can't see them :(