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Posted Thu, 02 Nov 2023 12:12:00 GMT by
I trade share options (both Long and Short) on both HK and US stock market. I bought XYZ long call May 2023 $35 on 15 Mar 2023 and sold it the next day and made a profit. After a week (23 Mar), I bought it again (same share option with same expiry date and same exercise price) and finally sold it on 30 May 2023 and made a profit. When I calculate the capital gain for tax year 2022/23, should I consider "30-Day Rule" and "Same Day Rule"? Are these rules also applicable to share options trading? Thank you.
Posted Fri, 03 Nov 2023 08:59:13 GMT by HMRC Admin 20
Hi Eunice Tang,
The same day rule applies to shares bought and sold on the same day i.e. with the same date of disposal/acquisition not to a 24 hour period.
Therefore if the old shares were sold on 3 March but the new shares were not acquired until 4 March, they would not be deemed as happening on the same day even
if they did happen within a 24 hr period.
The 30 day rule relates to shares acquired in the 30 days following the day of disposal (the ‘bed and breakfasting’ rule) provided the person making the disposal
was resident in the UK at the time of the acquisition.  If you are not resident in the UK at the time, this rule does not apply.
CG51560 - Share identification rules for capital gains tax from 6.4.2008: the “same day” and “bed and breakfast” identification rules gives advice on the same day rule
and bed and breakfast rules.
There is also the helpsheet HS284 Shares and Capital Gains Tax (Self Assessment helpsheet HS284).
Yes, the rules are applicable to share options, as well as other types of investment.
Thank you.

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