Understanding the Wash Sale Rule

 
 
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by S. Wade Hansen

The IRS Wants Your Money

Stock traders always want to make profits on their trades. But when the inevitable losses do come, they also want to be able to save some money on their taxes by writing those losses off. However, the Internal Revenue Service (IRS) wants to get your money too.Understanding the Wash Sale Rule

So to make sure stock traders play fair and only take tax write offs on losses they have actually realized, the IRS created the Wash Sale Rule.

 
What is a Wash Sale?

A wash sale is the sale of a stock or security that is closely followed by a repurchase of the same, or significantly similar, stock or security.

For instance, if you sold 100 shares of General Electric (NYSE: GE) one day and then turned around and bought 100 Shares of General Electric the next day, it would be considered a wash sale. After all, when you look at it over a longer period of time, what you did doesn't really count as a sale because you just turned around and bought the stock again. It is as if you never sold the stock in the first place.

Why Would a Stock Trader Execute a Wash Sale?

A stock trader would execute a wash sale to take advantage of the tax benefits that come from selling a stock at a loss.

Imagine you have a stock trade that has lost $1,000. You know that if you sell the stock, you can realize a $1,000 loss on your tax return and lower the amount of money you owe Uncle Sam. So you decide to sell the stock.

However, you also believe that the stock is going to go back up in value, and you want to take advantage of the stock growth too. So after you have sold the stock to take advantage of the tax write off, you buy the stock back to enjoy the upside growth.

What is the Wash Sale Rule?

The Wash Sale Rule is a rule the IRS implemented to prevent stock traders from having their cake and eating it too.

Here is the Wash Sale Rule, according to Publication 550:

"You cannot deduct losses from sales or trades of stock or securities in a wash sale. 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:

1. Buy substantially identical stock or securities,
2. Acquire substantially identical stock or securities in a fully taxable trade,
3. Acquire a contract or option to buy substantially identical stock or securities, or
4. Acquire substantially identical stock for your individual retirement account (IRA) or Roth IRA.

If you sell stock and your spouse or a corporation you control buys substantially identical stock, you also have a wash sale."

Comments Add New
Inspector Clouseau  - Re: Less Than   |2009-04-25 06:00:32
Wade- you were correct the first time: the "Less Than" sign is
"".

Great presentations - thanks!
Inspector Clouseau  - Re: Less Than - 2nd try   |2009-04-25 06:04:02
for some reason my previous msg. was cut off.

Less than <

Greater than
>

Thanks
swadehansen  - Crazy Alligators   |2009-04-25 15:35:40
Inspector Clouseau, thanks for the encouragement. Some day I'll figure out those
crazy alligators and which way they're supposed to bite.
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