Wash-Sale Rules | Avoid this tax pitfall | Fidelity (2024)

Considering buying back a stock you recently sold? Avoid a wash sale.

Fidelity Viewpoints

Wash-Sale Rules | Avoid this tax pitfall | Fidelity (1)

Key takeaways

  • The wash-sale rule prohibits selling an investment for a loss and replacing it with the same or a "substantially identical" investment 30 days before or after the sale.
  • If you do have a wash sale, the IRS will not allow you to write off the investment loss which could make your taxes for the year higher than you hoped.

You may have seller's remorse in a down market. Or you may be trying to capture some losses without losing a great investment. However it happens, when you sell an investment at a loss, it's important to avoid replacing it with a "substantially identical" investment 30 days before or 30 days after the sale date. It's called the wash-sale rule and running afoul of it can lead to an unexpected tax bill.

Wash-Sale Rules | Avoid this tax pitfall | Fidelity (2)

Sign up for Fidelity Viewpoints weekly email for our latest insights.


Subscribe now

What is the wash-sale rule?

When you sell an investment that has lost money in a taxable account, you can get a tax benefit. The wash-sale rule keeps investors from selling at a loss, buying the same (or "substantially identical") investment back within a 61-day window, and claiming the tax benefit. It applies to most of the investments you could hold in a typical brokerage account or IRA, including stocks, bonds, mutual funds, exchange-traded funds (ETFs), and options.

More specifically, the wash-sale rule states that the tax loss will be disallowed if you buy the same security, a contract or option to buy the security, or a "substantially identical" security, within 30 days before or after the date you sold the loss-generating investment (it's a 61-day window).

It's important to note that you cannot get around the wash-sale rule by selling an investment at a loss in a taxable account, and then buying it back in a tax-advantaged account. Also, the IRS has stated it believes a stock sold by one spouse at a loss and purchased within the restricted time period by the other spouse is a wash sale. Check with your tax advisor regarding your personal situation.

How to avoid a wash sale

One way to avoid a wash sale on an individual stock, while still maintaining your exposure to the industry of the stock you sold at a loss, would be to consider substituting a mutual fund or an exchange-traded fund (ETF) that targets the same industry.

ETFs can be particularly helpful in avoiding the wash-sale rule when selling a stock at a loss. Unlike the ETFs that focus on broad-market indexes, like the S&P 500, some ETFs focus on a particular industry, sector, or other narrow group of stocks. These ETFs can provide a handy way to regain exposure to the industry or sector of a stock you sold, but they generally hold enough securities that they pass the test of being not substantially identical to any individual stock.

Swapping an ETF for another ETF, or a mutual fund for a mutual fund, or even an ETF for a mutual fund, can be a bit more tricky due to the substantially identical security rule. There are no clear guidelines on what constitutes a substantially identical security. The IRS determines if your transactions violate the wash-sale rule. If that does happen, you may end up paying more taxes for the year than you anticipated. So when in doubt, consult with a tax professional.

What is the wash-sale penalty?

If the IRS determines that your transaction was a wash sale, what happens?

You can't use the loss on the sale to offset gains or reduce taxable income. But, your loss is added to the cost basis of the new investment. The holding period of the investment you sold is also added to the holding period of the new investment. In the long run, there may be an upside to a higher cost basis—you may be able to realize a bigger loss when you sell your new investment or, if it goes up and you sell, you may owe less on the gain. The longer holding period may help you qualify for the long-term capital gains tax rate rather than the higher short-term rate.

That can be the silver lining—but in the short term you won't be able to use the loss to offset a realized gain or reduce your taxable income. Getting a letter from the IRS saying a loss is disallowed is never good so it's best to err on the side of caution. If you're concerned about a buying a potential replacement investment, consider waiting until 30 days have passed since the sale date. Or work with a financial professional who should be able to confidently navigate the ins and outs of taxes and your investments.

For more information, see IRS publication 550.

Wash-Sale Rules | Avoid this tax pitfall | Fidelity (2024)

FAQs

Wash-Sale Rules | Avoid this tax pitfall | Fidelity? ›

The wash-sale rule keeps investors from selling at a loss, buying the same (or "substantially identical") investment back within a 61-day window, and claiming the tax benefit.

How to avoid violating wash sale rules when realizing tax losses? ›

There are strategies for avoiding wash sales while still taking advantage of taxable gains and losses. If you own an individual stock that experienced a loss, you can avoid a wash sale by making an additional purchase of the stock and then waiting 31 days to sell those shares that have a loss.

How do you avoid the application of the wash sale rule? ›

To avoid a wash sale, you could replace it with a different ETF (or several different ETFs) with similar but not identical assets, such as one tracking the Russell 1000 Index® (RUI). That would preserve your tax break and keep you in the market with about the same asset allocation.

Is wash sale bad for taxes? ›

While not illegal, wash sales have negative tax implications: losses from such sales cannot be used to offset gains in the same tax year. However, these losses can be added to the cost basis of the newly purchased security, affecting future gains.

Do I have to report wash sale loss disallowed? ›

You can't sell a stock or mutual fund at a loss and then buy it again it within 30 days just to claim the losses. You'll need to figure the basis for shares sold in a wash sale. When you do, add the amount of disallowed loss to the basis of the shares that caused the wash sale. These are the new shares you received.

How does IRS detect wash sales? ›

IRS regulations require brokerages to mark a trade as a wash sale if, in the 60-day period around the sale, the investor buys, in the exact same account, the exact same security (with the same ID, called a CUSIP number).

What happens if I accidentally do a wash sale? ›

The IRS determines if your transactions violate the wash-sale rule. If that does happen, you may end up paying more taxes for the year than you anticipated. So when in doubt, consult with a tax professional.

How do day traders deal with the wash rule? ›

Under the wash-sale rule, you cannot deduct a loss if you have both a gain and a loss in the same security within a 61-day period. (That's calendar days, not trading days, so weekends and holidays count.) However, you can add the disallowed loss to the basis of your security. Here's an example to illustrate.

How soon can you rebuy a stock after selling it? ›

Keep in mind that the wash sale rule goes into effect 30 days before and after the sale, so you have a 61-day window to avoid buying the same stock. Alternatively, if waiting 61 days isn't feasible, you can purchase a security that is not substantially identical to the one you recently sold.

Are wash sale losses gone forever? ›

The tax benefit of your capital loss isn't gone forever, but it's deferred. The loss on the original investment will be taken into account when you sell your replacement shares by applying the losses to your adjusted cost basis.

Can you undo a wash sale? ›

You can either buy something else that is not substantially identical or wait beyond the 30-day window to repurchase the shares. (You still have a wash-sale on the original sale and repurchase. You realize the loss on the subsequent sale.)

Do you pay capital gains on a wash sale? ›

Because your $800 loss is disallowed due to a wash sale, the disallowed loss is then added to the price of your new shares to determine your cost basis for the new shares. In short: $400 + $800 = $1,200. A higher cost-basis may wind up saving you on taxes later. If you make a profit, the taxable gain will be smaller.

Do brokers report wash sales to the IRS? ›

Interactive Brokers includes wash sales on daily, monthly and annual Activity Statements for all 1099-eligible accounts, as required by the IRS.

How do you count 30 days for a wash sale in the IRS? ›

The Wash-Sale period is defined as 30 days before and 30 days after the sale date, totaling 61 days (including the sale date).

Are wash sales always disallowed? ›

The wash sale rule prohibits taxpayers from claiming a loss on the sale or other disposition of a stock or securities if, within the 61-day period that begins 30 days before the sale (generally, the trade date) or other disposition, they: Acquire the same or “substantially identical” stock or securities; or.

When the wash sale rules apply, the realized loss is? ›

The answer is D) not recognized at time of sale and added to basis of the newly acquired stock.

Does IRS enforce wash sale rule? ›

Be aware of the wash sale rule enforced by the IRS. The wash sale rule is important for investors reassessing their market positions and looking to sell and repurchase declining stocks to offset losses.

Is wash sale loss disallowed reported to IRS? ›

Add all the proceeds and enter the same amount as the cost basis, keeping your sheet (and mailing to IRS) for the breakdown. This would be only for wash sales that remain open as of January 1, 2021. You won't see the disallowed amount in your tax return, only on your backup detail list or statement.

Where do you put wash sale loss disallowed on tax return? ›

If the wash sale was reported in box 1g, enter it there and the 8949 will be adjusted for the disallowed loss. If the non-deductible loss was not reported on box 1g, you can select code W in the adjustments section for the first Form 8949 adjustment code, and enter the adjustment amount.

References

Top Articles
Latest Posts
Article information

Author: Rob Wisoky

Last Updated:

Views: 5241

Rating: 4.8 / 5 (48 voted)

Reviews: 87% of readers found this page helpful

Author information

Name: Rob Wisoky

Birthday: 1994-09-30

Address: 5789 Michel Vista, West Domenic, OR 80464-9452

Phone: +97313824072371

Job: Education Orchestrator

Hobby: Lockpicking, Crocheting, Baton twirling, Video gaming, Jogging, Whittling, Model building

Introduction: My name is Rob Wisoky, I am a smiling, helpful, encouraging, zealous, energetic, faithful, fantastic person who loves writing and wants to share my knowledge and understanding with you.