Hi Tezzarak
Change of intent is usually dealt with in terms of case law and there are numerous ones out there that provide some legal precedent in case a matter were to go to court.
Essentially, the onus is on the taxpayer to prove their intentions: what I would suggest is doing your tax returns as is, and then going through the audit process that would (likely) follow.
A few points though:
- firstly, SARS is going through some significant changes, so it is anyone's guess as to how the matter would be dealt with
- secondly, active trading in crypto would fall under a different section in the Income Tax where your losses are allowed to be brought in and are not limited. CGT, on the other hand, limits your losses. It is also an area of focus for increasing tax recovery (I predict an increase in CGT inclusion rate to be honest).
Hope this answers your queries?