The Rule on Wash Sales

by | Jun 29, 2023 | Fidelity IRA | 40 comments

The Rule on Wash Sales




Not sure if you made any wash sales last year? Watch this video to learn about wash sales and how to report them….(read more)


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The Wash Sale Rule: How it Affects Stock Trading

When it comes to investing in the stock market, there are several rules and regulations that investors need to be aware of. One such rule is the Wash Sale Rule, which has a significant impact on stock trading.

In simple terms, the Wash Sale Rule prohibits investors from claiming a loss on the sale of a security if they purchase a substantially identical security within a short period of time, typically within 30 days before or after the sale. This rule is designed to prevent investors from artificially creating losses in their portfolio for tax purposes.

The Wash Sale Rule is enforced by the Internal Revenue Service (IRS) in the United States and applies to both individual investors and traders. It is important to note that the rule applies to both buying and selling transactions, meaning that investors cannot repurchase a security they sold at a loss within the designated timeframe.

The rationale behind the Wash Sale Rule is to prevent investors from selling a stock at a loss to offset capital gains taxes, only to repurchase the same stock at a similar price immediately after. This practice would allow investors to maintain their position in the market while artificially reducing their taxable income.

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To illustrate this rule, let’s consider a hypothetical scenario. Investor A buys 100 shares of XYZ Company for $50 per share. Unfortunately, the stock’s price begins to decline, and Investor A decides to sell all their shares at $40 per share, resulting in a loss of $10 per share. In an attempt to maintain their position in XYZ Company, Investor A repurchases the 100 shares within the following 30-day window.

According to the Wash Sale Rule, Investor A would not be able to claim the $10 loss on their tax return. Instead, the loss is “washed” away, and the cost basis of the new shares becomes $40 per share.

It is worth noting that the Wash Sale Rule only applies to individual investors and traders. Institutional investors, such as mutual funds and pension funds, are exempt from this rule. Additionally, the rule does not apply to losses incurred in tax-advantaged accounts such as Individual Retirement Accounts (IRAs) or 401(k) plans.

It is essential for investors to keep accurate records of their investments, including the acquisition and sale dates of securities, to ensure compliance with the Wash Sale Rule. Failure to comply with this rule may result in penalties and an increased tax liability.

To avoid inadvertently violating the Wash Sale Rule, investors can consider several strategies. Firstly, they can simply wait for a minimum of 31 days before repurchasing a security they sold at a loss. Alternatively, they can choose to invest in a similar but not substantially identical security during the 30-day window. Finally, investors can consider tax-loss harvesting, which involves intentionally selling securities at a loss to offset gains in other areas of their portfolio.

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In conclusion, the Wash Sale Rule is an important regulation that stock market investors need to be aware of. By preventing investors from artificially creating losses for tax benefits, this rule aims to ensure fair and accurate taxation. Investors should understand the implications of this rule and consider their trading strategies accordingly to stay in compliance with tax laws.

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40 Comments

  1. Tod Wong

    can wash sale loss against any Capital Gain realized in that year.

  2. Lionrock1997

    whoever came up with this rule.must have been a lawyer in politics… only a lawyer in politics can be so ridiculous.

  3. A M

    Does TD Ameritrade automatically do this reporting or do I have to manually make these adjustments?

  4. Vince Giner

    30 DAYS BUY AND SELL. DOES IT APPLY TO YEARS? SELL LOSS DEC.. BUY BACK JAN (UNDER 30 DAYS)

  5. P S

    Is it good or bad? Couldn’t understand at all

  6. Silver Mine

    What about an option? Same expiry different strike? Is that too close to the same thing?

  7. Silver Mine

    STOP THE INSANITY

  8. Paragon Knight

    I can't seem to find an answer to my question. So i was unaware of this "wash sale" rule…so i sold and repurchased 10 shares and had $15 dollars added to the overall cost of the 10 shares increasing the cost of those shares…can i sell those 10 shares affected by the "wash sale" to bring down my stock price for the remaining shares i own??

  9. DELTA704

    What if I have been buying 10 shares every week for the whole year. Then one week I decide to sell all 500 shares or whatever. Would the whole sale be considered a wash sale because I sold 1 week after I bought my last 10 shares

  10. Kervin C

    If I sell stock X on January 1st, can I buy stock X again on Jan 31st or Feb. 1st? (i.e. 30 days in between the sell date and re-purchase date, or 30 days after the sell date)

  11. Optimus Prime

    So will TD Ameritrade do the whole thing automatically and then have it In the tax doc? Thank you in advance!

  12. Thomas Hayes

    makes no sense why this rule is even in place..

  13. J C

    Please help! Okay so now I can’t buy the same stock in my IRA that I’m buying in my TOD? Because in my IRA I buy VTI every month & I also have it in my TOD. That means I can NEVER sell VTI in my TOD account without it being a wash sale because I’m purchasing it every 30 days in my IRA??

  14. AMS Beats

    Seriously what do they want scalpers to do if for whatever reason they don't meet "Trader Tax Status" one year. You can buy and sell the same stock all day and lose money, and get stuck with this ABSURD tax bill on money you didn't even make??
    It's absolutely ridiculous I cannot genuinely believe this is actual tax code and traders aren't out there in the streets protesting.

  15. AMS Beats

    I made the mark to market election for 2020 because I'm a scalper. I buy and sell up to 100 times in a day. Unfortunately when market activity dropped like crazy in 2021 I stopped being profitable and went under PDT so now I don't meet "trader tax status" requirements. What the hell am I supposed to do?? This rule means you pay taxes on money you don't actually make, like it's literally insane for somebody like me, a scalper..

  16. Matt's Gambling Slots

    All this just to give more money to unfunded education, road potholes, wars, and lazy bums

  17. vb

    This is so stupid. Just do it like robinhood

  18. BigTittyMike

    From what I understand, you won't be able to claim the loss until you sell the second purchase?

  19. MIKEY C

    A perfect rule for scamming less knowledgeable traders of their money. And by “less knowledgeable”, I mean most average investors.

  20. kiki_renee

    Yeah I am just a small time day trader. I bought a penny stock ($2.37/share in this case) and then sold my 400 shares at $2.49 a share like 20 minutes after I purchased it. Three days later and the stock is on the rise again and I buy it again and all of a sudden, Fidelity tags it as a wash sale. I'm like wtf? I know I didn't take a loss. So now the gain I thought I was going to make was busted by Fidelity showing my cost basis per share at 10 cents higher than what I bought it at. So then I have to buy 4x as much in the dip to average down only to make a tiny profit. Having to allot that much of my monies available for trade to buying out of a wash sale really dicks up my profits. What gives?

  21. Cliff Sauer

    Let’s say I own shares on one brokerage. I buy the same shares on another brokerage. I then sell my shares on the original brokerage. Is this legal? Can I report the loss

  22. DannyB Plays

    yikes I was expecting a clear explanation but this made nooooooo sense, I'm more confused now

  23. Jake Sim

    I bought 3000 xyz on 3/24/22 then another 3000 xyz on 4/1/22. Then I sold the 3000 xyz I bought on 4/1/22 at a loss on 4/6/22 and this was considered wash sale. I don’t understand why since I didn’t buy anymore after the 4/6/22 sell.

  24. Daddy W

    Thank god the government made this confusing. I was scared it would be too easy and simple for the every-day little investor. Imagine how bad the world would be if this was simple and logical.

  25. Justin Lugo

    I learned this on tax day smh…

  26. trader x art 9

    Simple question:

    How do you take disallowed losses and make them ACTUAL losses?????????

    I have read every where not to worry about wash sales if you sell everything by December! That's false. I know because I did that in 2021 and on my 1099 where I completely sold off my stocks that had wash sales that are disallowed losses still show DISALLOWED LOSSES.

    So please anyone here tell me how do you get rid of disallowed losses on your 1099??????

  27. Vinson Doan

    i got hit with a wash sale hard this year, owe 18k to the irs. If i paid all 18k this year, my loss will be counted for next year when it all balances out and i dont have to pay as much taxes next year?.

  28. TheRealBrook1968

    More confused after watching the video.

  29. GJ_DigitalMedia

    Apparently, buying stock, and then selling it for a loss within 30 days of the sale counts as a wash sale. I now owe more in taxes than I made this year because I have disallowed losses on some big losers I cut lose this year. Unbelievable. None of these videos discussing the wash sale rule mention this aspect of the rule.

    The whole point of the rule is to prevent people from faking losses, how on earth have faked my losses? I never bought the stock back. I ate those losses that day.

  30. critterdude311

    Is it just me or is this an absurd rule for individual retail investors. It seems like complexity for the sake of complexity…

  31. Kar Tel

    In america IRS will not allow retail investors to get rich, but the billionaires and institutions. Such a shit IRS rules just like PDT rules.

  32. Shizmoo

    Ill never understand this so whatever my profit is for the year im putting it as additional income. If I owed more I dont care.

  33. Carlos Andalucia

    Here is my question:
    I buy 10 shares of XYZ at $100,
    1 week later, I buy 20 more at $90.
    another week later, I buy 30 more at $80.
    Now I have 60 on hand, but the price continues to drop to $70. However, I do not like selling for loss, however I want to take the advantage of reporting my loss. So, I buy 30 more at $70 and sell 30 shares at $70, on the same day, but first buy then sell..
    When I sell I use the FIFO option which means I want to sell the first 10+20 shares that I bought at $100 and $90 per share.
    So, I would like to execute a loss for 10 x $30 ($100-$70) + 20 x $20 ($90-$70) = $700.

    My question is since my last purchase of 30 and sale of 30 occurred on the same day, but sale being the last, will I be allowed to report this as a loss, or will it assume that as a wash sale?

  34. This Is Heaven

    This rule is stupid. Get rid of it.

  35. Chase Doman

    So if you close all positions in October and don’t trade until Jan do you have wash sales?

  36. Ikrani

    So why the heck does it need to be added to the cost basis? That's just taking money out of my pocket now instead of forcing me to abide by the loss I already took. And where does that extra money go, anyway?

  37. Stephen King

    Hey TD,

    Please explain how the disallowed loss works for the below situation.

    I purchase 1,000 shares of stock X at $2 and the stock goes down to $1 and I sell it at a loss of $1,000. Within 30 days, I buy back stock x at $1 which triggers the wash sale and my disallowed loss is $1,000.

    The stock x goes to $3 and I sell it at a profit. Now my net profit is $1,000 ($2,000 generated from the profit of $1 share going to $3 and I need to subtract the earlier incurred loss of $1,000).

    In this situation, will my disallowed loss of $1,000 be revised to $0 now that I have incurred a net profit. If so, when is this adjustment made? Also what happens when I decide to purchase back stock x within 30 days of selling at a net profit and decide to hold this stock x for the rest of the year? In this instance, will the disallowed loss remain at $1,000 considering I have the stock X still as an open position in my portfolio?

  38. Userfr4253

    How is adding the loss per share to the new shares the tax for the earnings without the loss, that is just paying the loss twice or doubling the loss for rebuying. How are you gona charge the loss over again instead of paying interest on your tax return you guys on some b.s

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