What Is the Wash Sale Rule?
If you’ve been investing in stocks or other securities, you may have heard of the wash sale rule. This is an IRS regulation designed to prevent investors from claiming a tax deduction for a loss on a security they still effectively own. The rule applies when you sell a security at a loss and then buy the same or a substantially identical security within a 30-day window before or after the sale. When this happens, the IRS disallows the loss for tax purposes, which means you cannot use it to offset your taxable gains.
The wash sale rule is intended to stop investors from creating artificial losses purely for tax benefits. While it may seem like a technical tax rule, it can significantly impact your portfolio’s tax efficiency if you’re not careful. Understanding how the rule works and how to navigate it is essential for anyone managing their own investments, especially in 2025, when the market and tax regulations continue to evolve.
How the Wash Sale Rule Works
At its core, the wash sale rule prevents investors from selling a security at a loss and repurchasing it—or a very similar one—within 30 days of the sale. This 30-day period applies both before and after the sale, creating a total 61-day window where repurchasing the security will trigger the wash sale rule.
For example, if you sell 100 shares of XYZ stock on March 1 at a loss and then repurchase 100 shares of XYZ stock on March 20, the wash sale rule applies. Even though you sold the stock at a loss, the IRS will not allow you to claim that loss on your taxes. Instead, the disallowed loss is added to the cost basis of the new shares you purchased. This increases the cost basis of the new investment, which may reduce your taxable gains when you eventually sell the stock again.
It is also important to understand that the wash sale rule doesn’t only apply to identical stocks. The IRS considers “substantially identical securities” to trigger the rule. This can include options, mutual funds, and ETFs that track the same index or have highly similar characteristics.
Why the Wash Sale Rule Matters for Investors
The wash sale rule is particularly relevant to investors who actively manage their portfolios or engage in tax-loss harvesting strategies. Tax-loss harvesting is when investors intentionally sell underperforming securities to offset capital gains and reduce their overall tax liability. However, if you inadvertently repurchase the same or a substantially identical security within the wash sale window, the IRS will disallow the loss, negating the tax benefit.
Additionally, the rule can create record-keeping headaches, as it requires you to adjust the cost basis of your repurchased shares. This adjustment impacts your future gains or losses, which makes tax reporting more complex. For long-term investors, the wash sale rule can also have tax implications when it comes to calculating gains on eventual sales, as the disallowed loss carries over.
Key Triggers and Scenarios to Watch Out For
The wash sale rule can be triggered in more ways than simply buying the same stock after a loss. Several scenarios can lead to unintentional wash sales, including automated trades or indirect purchases.
One common trigger is dividend reinvestment plans (DRIPs). If you sell a security at a loss but automatically repurchase it through a DRIP, the wash sale rule can apply. Similarly, automated rebalancing in robo-advisor accounts can inadvertently cause wash sales.
Another common scenario occurs when investors purchase options or call contracts on the same stock they sold at a loss. The IRS may consider this a wash sale, even though it involves a derivative rather than the actual shares.
Wash sales can also be triggered across different accounts. For example, if you sell a stock at a loss in your taxable brokerage account but repurchase it in your IRA within the 30-day window, the loss will still be disallowed. The same applies to spousal accounts, meaning if you sell a security at a loss and your spouse buys the same or a substantially identical one within the 30-day window, the IRS will treat it as a wash sale.
How to Avoid Violating the Wash Sale Rule
To avoid triggering the wash sale rule, you’ll need to be strategic with your trades and mindful of timing. One simple strategy is to wait at least 31 days after selling a security before repurchasing it. This ensures you’re outside the wash sale window, allowing you to claim the loss for tax purposes.
If you want to maintain exposure to a particular sector or asset class while avoiding the wash sale rule, consider purchasing a different but not substantially identical security. For instance, if you sell shares of an S&P 500 ETF at a loss, you could purchase shares of a different broad-market ETF with slightly different holdings.
Investors can also use tax-loss harvesting software or consult with a tax advisor to help manage their trades and avoid unintentional wash sales. Many brokerage platforms now offer wash sale detection features to alert you when a trade could trigger the rule.
Tax Reporting and Cost Basis Adjustments
When the wash sale rule is triggered, you won’t lose the tax benefit entirely—it is deferred. The disallowed loss is added to the cost basis of the new shares you purchased. This increases the cost basis of the replacement security, which reduces the taxable gain (or increases the loss) when you eventually sell it.
For example, if you sell 100 shares of XYZ stock at a $1,000 loss and repurchase the same stock, the loss is disallowed. However, the $1,000 loss is added to the cost basis of the new shares. If you initially bought the new shares for $5,000, the adjusted cost basis becomes $6,000. This higher basis means you’ll pay less tax when you eventually sell the shares.
When filing your taxes, brokerage firms typically report wash sales on Form 1099-B. It’s essential to double-check the accuracy of these reports, especially if you made several trades, as brokers sometimes make errors.
Special Considerations for the Wash Sale Rule in 2025
In 2025, it is expected that the IRS will continue to closely monitor wash sale violations, particularly with the growing popularity of algorithmic and high-frequency trading. Automated trading strategies can inadvertently trigger wash sales, especially when trades are executed across multiple accounts.
The IRS has also signaled stricter enforcement regarding wash sales in tax-advantaged accounts like IRAs. While wash sales involving IRAs have always been disallowed, the IRS is placing greater emphasis on cross-account violations, making it more important than ever to keep track of trades across all your accounts.
The Final Word on the Wash Sale Rule…
The wash sale rule is an important regulation for investors to understand, as it can directly impact your tax liabilities and portfolio management strategies. While it may seem like a minor technicality, violating the rule can reduce the effectiveness of tax-loss harvesting and complicate your tax reporting.
To avoid running afoul of the wash sale rule, be mindful of the 30-day window and consider alternative securities to maintain market exposure without triggering disallowed losses. If you’re unsure about the tax implications of your trades, consulting with a financial advisor or tax professional is a smart move. With careful planning and attention to detail, you can minimize the impact of the wash sale rule and optimize your tax efficiency.
The Wash Sale Rule: FAQ
1. What is the purpose of the wash sale rule?
Without the rule, an investor could sell a security at a loss, claim the tax deduction, and immediately repurchase the same security. This would essentially create a tax benefit without the investor truly exiting the investment. By enforcing the 30-day waiting period, the IRS ensures that capital loss deductions only apply to genuine divestments. This discourages artificial tax-loss strategies and promotes fair tax reporting.
2. Does the wash sale rule apply to all types of investments?
The wash sale rule applies to most securities, including stocks, bonds, mutual funds, exchange-traded funds (ETFs), and options. It also applies to contracts or substantially identical securities, which means you can’t bypass the rule by purchasing a close equivalent to the one you sold. However, cryptocurrencies are currently exempt from the wash sale rule. Since the IRS classifies them as property rather than securities, you can sell crypto at a loss and immediately repurchase it without triggering the rule.
3. How do I calculate the cost basis after a wash sale?
When a wash sale occurs, the disallowed loss is added to the cost basis of the newly acquired security. This effectively increases the cost basis, which reduces your taxable gain (or increases your loss) when you eventually sell the security. If the new shares cost $10,000, your adjusted cost basis becomes $12,000, factoring in the disallowed $2,000 loss. This means that when you sell the new shares, your gain or loss will reflect the added cost basis, preventing you from losing the tax benefit entirely.
4. Does the wash sale rule apply to retirement accounts?
Yes, the wash sale rule applies to transactions involving retirement accounts, such as traditional and Roth IRAs. If you sell a stock at a loss in a taxable brokerage account and repurchase it in your IRA within the 30-day window, the wash sale rule is triggered. Unfortunately, in this case, the disallowed loss is permanently forfeited because retirement accounts have tax-deferred or tax-exempt status.
5. What happens if I accidentally trigger a wash sale?
If you accidentally trigger a wash sale, the IRS requires you to adjust your cost basis and disallow the initial loss. When you file your taxes, you’ll need to account for the disallowed loss by adding it to the cost basis of the newly purchased security. Your brokerage will usually flag wash sales and report them on Form 1099-B, making it easier to identify and correct the issue.
6. How can I avoid triggering the wash sale rule?
The easiest way to avoid triggering the wash sale rule is to wait at least 31 days before repurchasing the same security after selling it at a loss. If you want to remain invested in the market, you can buy a similar but not “substantially identical” security. This strategy maintains your market exposure without violating the wash sale rule. You can also consider tax-loss harvesting at the end of the year by strategically selling underperforming securities to offset capital gains, as long as you adhere to the 30-day waiting period.
Jacob Dayan
Entrepreneur • CEO Community Tax, LLC
Jacob Dayan is the CEO and co-founder of Community Tax LLC, a leading tax resolution company known for its exceptional customer service and industry recognition. With a Bachelor’s degree in Business Administration from the University of Michigan’s Ross School of Business, Jacob began his career as a financial analyst and trader at Bear Stearns and Millennium Partners before transitioning to entrepreneurship. Since 2010, he has led Community Tax, assembling a team of skilled attorneys, CPAs, and enrolled agents to assist individuals and businesses with tax resolution, preparation, bookkeeping, and accounting. A licensed attorney in Illinois and Magna Cum Laude graduate of Mitchell Hamline School of Law, Jacob is dedicated to helping clients navigate complex financial and legal challenges.
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