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Capital losses can be a good thing at tax time. How can a loss be advantageous? Because
when your capital losses exceed your capital gains, you can take a tax deduction for the
di erence. This deduction can o set capital gains as well as other income like wages, up to
certain limits.
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If
Joe Advertisement
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purchases new shares in XYZ within 30 calendar days before the sale or up to 30 calendar
days after the sale, his capital loss is deferred until he sells these new, replacement shares.
A wash sale consists of two transactions: An investment is sold at a loss, and one of three
purchase transactions occur within 30 days before or after the date of sale:
The wash sale rule is also triggered if one person sells an investment at a loss and
that person's spouse or a corporation controlled by him buys the same investment within
the wash sale time period.
The wash sale time period is 61 days – Day X plus 30 days preceding that date and 30 days
after that date.
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Deferring Losses until the Replacement
Investment is Sold
Let's say Joe sells those 50 shares of XYZ stock for $5 per share on July 31, incurring the
$250 loss. Now he purchases 50 shares of XYZ stock on August 15 when the stock is
trading at $6 per share. August 15 is within the 61-day period, so Joe's $250 loss is a wash
sale. It's disallowed, and Joe's basis in the replacement shares increases by $250. Joe's
adjusted basis in the replacement shares is $550: 50 x $6 + $250. In other words, Joe's
actual basis in the shares, which would be 50 x $6 or $300 is adjusted and increased by the
$250 loss that was not allowed.
In this example, Joe's loss is a "wash" just as though he held his original shares without
selling.
All investment sales are reported on Form 8949 then summarized on Schedule D. The IRS
requires that the transaction is identified with code "W" in column (b), and the loss
adjustment must be reported in column (g) when a particular sales transaction is a wash
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sale. Wash sale adjustments were reported on a second line immediately underneath the
sale to show the adjustment before 2011.
By adding the wash sale loss to the cost basis of the replacement shares, the loss is
deferred and can be recouped when the replacement shares are sold. The IRS advises, "If
your loss was disallowed because of the wash sale rules, add the disallowed loss to the cost
of the new stock or securities. The result is your basis in the new stock or securities. This
adjustment postpones the loss deduction until the disposition of the new stock or
securities. Your holding period for the new stock or securities includes the holding period of
the stock or securities sold."
Two investments are the same if they are exactly identical or if they are "substantially"
identical. It is easy to see when you're dealing with the same stock, mutual fund or bond.
It's a bit harder to identify when two investment securities are very similar.
Passively-managed index mutual funds based on the same underlying market index may
be substantially identical to each other, warns Kaye Thomas in his blog "Substantially
Identical Securities" on Fairmark.com. On the other hand, two bonds issued by the same
issuer might not be substantially identical. Bonds having di erent maturity dates, interest
rates or other features are generally not considered to be substantially identical to each
other. "In determining whether stock or securities are substantially identical," the IRS says,
"you must consider all the facts and circumstances in your particular case."
In general, wash sales are best avoided whenever possible to preserve the tax benefit of
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the capital loss. They can be avoided by simply waiting until the 61-day wash sale period is
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over before repurchasing exactly the same investment. If you want to stay invested in a
similarly-performing investment, you can purchase securities that are similar but not
substantially identical to the investment you sold o .
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