Wash-Sale Rule: What it is and How to Avoid | The Motley Fool (2024)

It's not uncommon for investors who own stocks or securities that have lost value to sell them in order to take advantage of the losses for tax reasons. It's not a bad idea, especially if it's a stock you want to sell anyway; you can use the loss to offset capital gains or even, to some extent, offset your taxable income from other sources, such as regular earnings.

Wash-Sale Rule: What it is and How to Avoid | The Motley Fool (1)

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But what if it's a stock you still like, and you don't really want to sell? Can't you just sell it, harvest the loss, and then buy it back immediately? In a word, no. This is precisely what the wash-sale rule exists to prevent: harvesting tax-loss benefits on an investment you don't intend to exit.

What is a wash sale?

Under the wash-sale rules, a wash sale happens when you sell a stock or security for a loss and either buy it back within 30 days after the loss-sale date or "pre-rebuy" shares within 30 days beforeselling your longer-held shares.

In either case, the loss is not considered realized for tax purposes, with the sale and subsequent (or prior) purchase "washing" one another out. This rule is designed to prevent people from selling stock to just to claim the tax benefit, without intending to exit the investment.

Again, the rule applies to a 30-day period before and after the sale date to prevent your buying the stock "back" before it's even sold.

Wash-sale rule examples

Let's say you own 100 shares of XYZ Corp with a cost basis (what you paid for them) of $10,000, and you sell them on June 1 for $3,000. That works out to a $7,000 loss, and if you own the shares in a taxable brokerage account, you can claim that loss when you file your taxes.

However, if you were to rebuy shares anytime between June 2 and July 1, then the sale is considered a wash sale, and the loss doesn't qualify as a taxable loss. It works the same way if you buy shares within 30 days before your sale as well; in this case, if you bought shares equal to what you sold on June 1 anytime on or after May 2, then it would "wash out" your taxable loss.

What happens if you buy fewer shares?

A key point about wash sales is that they work out at 1:1 for each share you repurchase. Using the example above, if you repurchased 50 shares in that 30-before-to-30-after period, it would wash out 50 shares of the taxable loss.

Wash-sale rules

Here is how the Internal Revenue Service defines a wash sale, directly from IRS Publication 550:

A wash sale occurs when you sell or trade stock or securities at a loss and within 30 days before or after the sale you:Buy substantially identical stock or securities,Acquire substantially identical stock or securities in a fully taxable trade,Acquire a contract or option to buy substantially identical stock or securities, orAcquire substantially identical stock for your individual retirement arrangement (IRA) or Roth IRA.

Let's summarize: A wash sale isn't solely about purchasing stocks; it can also involve acquiring options to buy stock. Moreover, the rule also counts if you buy identical shares in a different account, including a traditional or Roth IRA. In other words, you can't harvest a tax loss in your taxable account if you purchase shares within the window that creates a wash sale, even in a different account (including retirement accounts).

One final note: Wash-sale provisions work on shares that you sell for a loss, but there are no corresponding wash-sale rules for stock that you sell at a gain. That is, if you sell stock for a gain and buy it right back, you must still report the entire gain.

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How do you avoid a wash sale?

The first, most obvious thing to do is to avoid buying shares in the same stock within 30 days beforeor 30 daysafterselling. If you do, you lose the ability to harvest a tax loss on the number of shares you purchase.

However, if you inadvertently create a wash sale by rebuying too soon, your potential taxable loss doesn't just go up in smoke: The "lost" tax basis carries over to the replacement purchase. Simply sell again, andfollow the wash-sale rules this time. You'll finally be able to harvest that tax loss.

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Wash-Sale Rule: What it is and How to Avoid | The Motley Fool (2024)

FAQs

Wash-Sale Rule: What it is and How to Avoid | The Motley Fool? ›

So basically, if you want to avoid a wash sale, don't sell a stock for tax purposes and then buy the same one within 61 days of that sale. That means you can't buy shares of that same stock 30 days before your sale and 30 days after.

What is the wash sale rule for dummies? ›

Q: How does the wash sale rule work? If you sell a security at a loss and buy the same or a substantially identical security within 30 calendar days before or after the sale, you won't be able to take a loss for that security on your current-year tax return.

Can I sell a stock and buy it back within 30 days? ›

Some investors may think that they can reverse the order of a wash sale, buying more of the asset before they later sell less than 30 days later and declare a loss on it. But the IRS disallows this activity, since you may not buy 30 days before or after the sale and still claim a loss.

Can I buy back into the same stock after 30 days to avoid a wash sale? ›

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.

Does Motley Fool recommend when to sell? ›

The Motley Fool sells stock regularly, too

We regularly give "sell" recommendations to our members and often for one of the reasons described above. There can be several valid reasons to sell a stock, and many long-term-focused investors frequently have reasons to offload parts of their holdings.

Is it a wash sale if you buy back at a higher price? ›

A wash sale occurs when an investor sells a security at a loss and then purchases the same or a substantially similar security within 30 days, before or after the transaction. This rule is designed to prevent investors from claiming capital losses as tax deductions if they re-enter a similar position too quickly.

How do day traders avoid wash sales? ›

To avoid a wash sale, the investor can wait more than 30 days from the sale to purchase an identical or substantially identical investment or invest in exchange-traded or mutual funds with similar investments to the one sold.

How does the IRS know about wash sales? ›

Note: Wash sales are in scope only if reported on Form 1099-B or on a brokerage or mutual fund statement. Click here for an explanation. A wash sale is the sale of securities at a loss and the acquisition of same (substantially identical) securities within 30 days of sale date (before or after).

How quickly can I rebuy a stock after selling it? ›

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.

Can a wash sale be reversed? ›

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 day traders worry about wash sales? ›

Generally, the wash sale rule applies to traders the same way it applies to investors. The difference is that traders have a much harder time keeping records relating to wash sales because they engage in so many transactions. There is a way for traders to escape the wash sale rule altogether.

Why are capital losses limited to $3,000? ›

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated.

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.

What is the 3-5-7 rule in trading? ›

The strategy is very simple: count how many days, hours, or bars a run-up or a sell-off has transpired. Then on the third, fifth, or seventh bar, look for a bounce in the opposite direction. Too easy? Perhaps, but it's uncanny how often it happens.

What is The Motley Fool's top 10? ›

See the 10 stocks

The Motley Fool has positions in and recommends Alphabet, Amazon, Chewy, Fiverr International, Fortinet, Nvidia, PayPal, Salesforce, and Uber Technologies. The Motley Fool recommends the following options: short March 2024 $67.50 calls on PayPal.

What are Motley Fool's double down stocks? ›

Adding to winning stocks can amplify gains. The Motley Fool advises holding onto winning stocks, as they often continue to outperform in the long run. "Double down buy alerts" from The Motley Fool signal strong confidence in a stock, urging investors to increase their holdings.

What is the wash sale rule with examples? ›

If the customer sells 200 shares at a loss but has bought the same security within 30 days before or 30 days after the sell, then the sale is a wash sale. If the buy was for 100 shares, only the loss on 100 of the 200 share sale is disallowed and applied to the replacement shares.

Can I sell a stock and buy it back the same day? ›

Absolutely, you can buy and sell stocks within the same trading day. This dynamic strategy, known as day trading, is an integral part of the financial landscape and serves as the lifeblood for many traders.

Is it legal to buy and sell the same stock repeatedly? ›

How often can you buy and sell the same stock? You can buy and sell the same stock as often as you like, provided that you operate within the restrictions imposed by FINRA on pattern day trading and that your broker allows it.

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