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Tax Strategy5 min readMar 17, 2026

Understanding the Wash-Sale Rule

The wash-sale rule prevents investors from claiming a loss on a security they buy back shortly after selling. Here's how to avoid this costly mistake.

The Wash-Sale Rule

What Is the Wash-Sale Rule?

If you sell a security at a loss, you cannot claim the loss if you buy a 'substantially identical' security within 30 days before or after the sale.

The 61-Day Window

No repurchase within 30 days before the sale through 30 days after the sale (61-day window total).

What Happens to the Disallowed Loss?

The disallowed loss is added to the basis of the newly purchased shares. It's not gone forever — it defers the loss until you sell the replacement shares.

What Is 'Substantially Identical'?

  • The same stock in the same company: Yes
  • Different company in the same industry: No
  • ETF vs. similar ETF from different provider: Generally no
  • Bonds from the same company: Possibly yes
  • Options on the same stock: Yes

Practical Examples

  • Sell Apple at a loss, buy Apple 10 days later: Wash sale
  • Sell S&P 500 ETF (SPY) at a loss, buy similar ETF (VOO): Generally not a wash sale
  • Sell individual stock, buy sector ETF containing the stock: Generally not a wash sale

IRS Reporting

Your broker tracks wash sales and reports them on Form 1099-B (with a 'W' in Box 1f).

Year-End Consideration

Wash-sale rules span years. Selling in December and rebuying in January within 30 days still triggers wash-sale rules.


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