How Taxpayers Can Do A Legal Wash Sale The ability

New Post Public Reply Private Reply Replies (0) Message Board
NITE

How Taxpayers Can Do A Legal Wash Sale

The ability for taxpayers to deduct investment losses against capital gains can encourage many to realize losses on their stocks and securities at the end of a tax year. Taxpayers must be careful that they are not participating in wash sales when making adjustments to their portfolios or they may find their deductions disallowed.

Wash Sales: It's All About Staying Clean
If an investor wishes to liquidate a security and realize a loss in order to deduct it against capital gains, that investor must make sure that he or she is washing his or her portfolio clean of that position and not adding in a substantially identical position within 30 days before or after the sale. According to the U.S. Securities and ExchangeCommission , if a taxpayer buys an identical stock or security within the 30 days before or after the sale that creates the loss, then the loss is not deductible. Additionally, if the taxpayer buys a contract or option on an identical security within that same period, then his or her loss will not be deductible.

IRS Publication 550 states that, in order to avoid triggering the wash sale, an investor must also avoid buying a substantially identical position inside of his or her Traditional or Roth IRA. This is an important note because, generally speaking, losses within an IRA are confined to the IRA and cannot be deducted against capital gains, except in special circumstances. Investors who understand this may believe that wash sale rules would not apply if the substantially similar stock is sold from an account that is not an IRA and repurchased inside an IRA, but that would be incorrect.

There are other outlying circumstances that can trigger the wash sale rule. If a spouse or corporation under the investor's control purchases a substantially identical security during the 30 days before or after the sale that can trigger the wash sale. It doesn't always require an actual purchase to disallow a loss deduction. Employees who are given shares of corporate stock as a bonus may not be able to deduct losses if they receive additional bonuses within the 30 days surrounding the sale.

It's even possible that some mutual fund purchases may run afoul of the wash sale rules. Funds that are modeled after the same index could be considered substantially identical, even if the fund family isn't.

When a Deduction Is Disallowed
IRS Publication 550 states that a disallowed loss will be added to the cost basis of the new security. This will essentially offset gains later and may even create losses upon the security's future sale. In addition, for capital gains purposes, the holding period for the new security will include that of the security sold.

The Concept of Substantial Identicalness
If you wish to avoid triggering the wash sale rule, it's important to understand what the IRS sees as substantially identical. Examples given in Publication 550 include a corporation that reorganizes and has a successor. In that case, the securities of both organizations could be considered substantially identical. Another example given is preferred stock that is convertible into common stock.
Working Around the Wash Sale Rule
There are a couple of acceptable workarounds that could help you maintain all or part of your deduction while purchasing substantially identical securities. The first is that a partial deduction can be taken if more stock is sold then repurchased within the 60 days surrounding the sale. For example, if you own 1,000 shares of XYZ and you sell them all at a loss then repurchase 200 shares you may still be entitled to deduct the loss of the net 800 shares sold. Since the disallowed loss and the other 200 shares will be added to the cost basis of the newly purchased 200 shares, the rest of your loss doesn't exactly disappear, it is simply delayed.

Another workaround is just to purchase substantially identical shares outside of the 30-day periods before or after the sale, resulting in losses.

The Bottom Line
The wash sale rule can result in the disallowance of a much-needed deduction. For this reason, it's imperative that you understand what is considered "substantially identical" and follow the above suggestions to work around the wash sale rule.
Scroll down for more posts ▼

Top 10 Most Recent News Articles

DUNKMAN's Slam Dunk Expansion Plans for 2027

Updated Category News Views 1

More Than Just A Dunk Contest You ever heard of a slam dunk that turns into something bigger than the game itself? Well, Shaquille O'Neal's DUNKMAN is proving just that. Born from the vision of O'Neal and Authentic Brands Group, this beast of an entity isn't just about dunks anymore—it's a whole darn league carving out space in the sporting world. From Inaugural Sparks...

Continue Reading
Zum Drivers Shine as New School Year Begins

Updated Category News Views 1

Opening the School Year with High Hopes Zum's crew of enthusiastic drivers hit the streets with a mission: kickstarting the new school year with a sense of excitement that feels fresh, even to a grizzled trader like me. These folks are doing more than just turning the ignition, they’re handling a vital cog in the education machine. From Fresno down to Rockford, you’ll...

Continue Reading
Corgi Re Modernizes Reinsurance with Tech-Focus

Updated Category News Views 4

Amidst the hullabaloo of the reinsurance world, Corgi Insurance is attempting something rather bold. They're flinging open the doors to innovation with a new brainchild, Corgi Re, promising to shake off the dust from an industry that still clings to the bygone era of spreadsheets and marathon underwriting cycles. The aim? Fire up modern underwriting technology and...

Continue Reading
Costa Rica's Summit Draws Global Investors, Buyers

Updated Category News Views 2

Costa Rica's Big Stage for Business and Opportunity You might look at Costa Rica and think of lush rainforests and coffee beans, but right now, it's a hub bustling with suits, spreadsheets, and strategic meetings. Over three days, the Costa Rica Trade & Investment Summit (CRTIS) gathered nearly half a thousand buyers and investors all under one roof in San José. Local...

Continue Reading
TETRA Technologies to Engage at Key Investor Events

Updated Category News Views 3

Revving Up for Major Investor Conferences All eyes are on TETRA Technologies Inc. (NYSE:TTI) as they gear up to make splashy appearances at not one, but two high-profile investor conferences in New York. It's setting the stage for some potentially juicy conversations about where TTI, a player with deep roots in energy services, is heading in this whirlwind of an industry....

Continue Reading
PLAY Palm Angels Launches at Pacsun with Avani Gregg

Updated Category News Views 3

Revamping Streetwear with PLAY Palm Angels and Pacsun In a move that's making waves from the fashion runways straight into the heart of youth culture, PLAY Palm Angels is swooping into Pacsun, and they’re not just strolling in—they’re parading with a 41-piece fashion collection. Not to mention, they've snagged Avani Gregg, a powerhouse cultural influencer, to strut...

Continue Reading
RealityMine Appoints CPO Amidst Strong Growth Momentum

Updated Category News Views 4

Pushing the Boundaries of Behavioral Data When a company like RealityMine posts a whopping 75% year-over-year revenue bump, you know they're not here to mess around. Enter Soumya Bijjal, a seasoned pro stepping in as their inaugural Chief Product Officer. This isn't just about adding to the C-suite boys' club; it's about locking in on a goldmine of behavioral data that's...

Continue Reading
Acer's New Monitors: ePaper, Triple Displays & More

Updated Category News Views 8

Next-Gen Screens: Breakthrough or Bust? So, Acer’s stepping up its game, unveiling an armory of gadgets designed to cement their spot in the tech arena. On the menu today? ePaper displays and enhanced connectivity gizmos that could either tip the scales or sink like a stone. Keep your eyes peeled, though—these updates aren't just another throwaway press release....

Continue Reading
Mitrade EU Enhances Investor Safety with New Insurance

Updated Category News Views 3

Mitrade's New Insurance: A Safety Net? Mitrade EU is amping up its game with some fresh insurance perks that catch the eye. They're slapping on some extra insolvency protection for clients trading under their CySEC license. Now that sounds like a financial shield anyone would want. Basically, they're adding another layer to the basic regulatory protections, and without...

Continue Reading
Intrigue Over Guadalupe River Property Bid

Updated Category News Views 2

Straight up, a chance like this doesn't float by every day. The Guadalupe River portfolio, with its mix of entertainment, hospitality, and commercial assets up for grabs in New Braunfels, Texas, is the talk of the investor town. If you've got deep pockets and a keen eye for opportunities, you're gonna want a piece of this pie before the September 22 bid deadline hits. The...

Continue Reading

Top 5 Most Recently Viewed Articles

Harvard's Nancy Coleman Honored for Digital Learning Leadership

Updated Category News Views 4

A Leader in Online Learning Recognized Nancy Coleman, the powerhouse steering the ship at Harvard's Division of Continuing Education (DCE), has earned the 2026 UPCEA Ray Schroeder Leadership Award. The ceremony at Boston's Westin Seaport Hotel was more than a pat on the back—it was a full-on recognition of Coleman's game-changing role in digital education. In an age...

Continue Reading
AI Market Expected to See Dramatic Growth Driven by Innovations

Updated Category News Views 131

Artificial Intelligence Market Growth Overview The global artificial intelligence (AI) market is on the verge of substantial transformation, with expectations to grow by USD 237.4 billion from 2024 to 2028. The driving forces behind this impressive growth are rooted in crucial aspects such as fraud prevention and malicious attack mitigation. As AI technologies become more...

Continue Reading
Plug Power Prepares for 2024 Year-End Results Announcement

Updated Category News Views 136

Plug Power to Reveal 2024 Fourth Quarter and Year-End Results As the green hydrogen landscape continues to evolve, Plug Power Inc. (NASDAQ: PLUG), a renowned leader in hydrogen solutions, is gearing up to announce its fourth quarter results for 2024 on a scheduled call. This presentation will take place on the first Monday of March 2025. Plug Power's commitment to a...

Continue Reading
Sintana Energy Provides Insights on License Extension Progress

Updated Category News Views 142

Portfolio Update on Petroleum Exploration License 79 TORONTO — Sintana Energy Inc. (TSX-V: SEI, OTCQX: SEUSF) is excited to share important developments regarding Petroleum Exploration License 79 (PEL 79), which encompasses blocks 2815 and 2915 in Namibia’s promising Orange Basin. Extension Announcement for PEL 79 Sintana's joint venture partners in PEL 79 include the...

Continue Reading
An Insight into Concrete Pumping Holdings' Upcoming Earnings Call

Updated Category News Views 125

Concrete Pumping Holdings Earnings Conference Call Scheduled Concrete Pumping Holdings, Inc. (Nasdaq: BBCP), a top player in the concrete pumping and waste management services industry, is gearing up for an important conference call. This event will take place on a Thursday at 5:00 p.m. Eastern Time. The focus will be to discuss the financial results for the third quarter...

Continue Reading