Tax Information and Reporting - Wash Sales (2024)

Tax Information and Reporting - Wash Sales (1)Tax Information and Reporting - Wash Sales (2)

Wash Sales: Understanding the Basics


The wash sales rule was implemented to defer the deduction when a taxpayer sells a security at a loss and purchases the same or an equivalent security within a short period of time. A sale of stock or securities is considered a "wash sale" if a trader sells shares or securities at a loss and purchases the same or equivalent shares or securities within the 61-day wash sale period, which includes the 30 calendar days before the sale, the day of the sale, and 30 calendar days following the sale.

When the loss on the sale is deferred, the amount of the loss is added to the cost basis of shares purchased during the wash sale period ("replacement shares"). Upon the sale of the replacement shares, the disallowed loss is incorporated into the calculations of the gain or loss on the replacement shares and recognized. Additionally, the holding period of the original shares is added to the holding period of the newly acquired shares or securities.

Wash sale rules apply to losses from short sales, securities options and securities futures. They do not apply to losses from commodity contracts or foreign currencies.


Wash Sales and Activity Statements

Interactive Brokers includes wash sales on daily, monthly and annual Activity Statements for all 1099-eligible accounts, as required by the IRS. Our wash sales are calculated on a granular basis, in other words as the shares actually trade through the system. This may result in multiple wash sales which at the end of a day sum to zero impact. Note however that there may be a timing difference with year-end recognition impacting the annual statement.



Tax reporting for Wash Sales


Beginning in 2011 losses disallowed due to wash sales are reported to the IRS on securities purchased and sold after January 1, 2011. Please refer to the sections on 1099B reporting and form 8949 for more information.



Example


The example below shows a series of transactions that differ only in the purchase date of the last trade. One transaction triggers a wash sale, the other does not. This example also shows how the disallowed loss is added to the cost basis of the newly purchased replacement shares.

Tax Information and Reporting - Wash Sales (3)

Note:

IRS Circular 230 Notice: These statements are provided for information purposes only, are not intended to constitute tax advice which may be relied upon to avoid penalties under any federal, state, local or other tax statutes or regulations, and do not resolve any tax issues in your favor.

Tax Information and Reporting - Wash Sales (2024)

FAQs

Tax Information and Reporting - Wash Sales? ›

If you have a loss from a wash sale, you cannot deduct it on your return. Additionally, a gain on a wash sale is taxable. Forms 8949 and Schedule D will be generated automatically based on the entries. When you report the sale of the newly purchased stock, you will adjust the basis to account for the loss.

Do I have to report a wash sale on my taxes? ›

If you have a loss from a wash sale, you can't deduct the loss on your return. However, a gain on a wash sale is taxable.

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 do you count 30 days for a wash sale? ›

A Wash Sale occurs if you sell securities at a loss and buy substantially identical replacement shares within 30 days before or after the sale. The Wash Sale Period is 30 days before and 30 days after the sale date, totaling 61 days (including the sale date).

How to report wash sales on 8949? ›

List each wash sale on Form 8949 with code “W” and the $ adjustment, and then the total of these wash sales on 8949 would go on Schedule D line 1b (short term, with adjustments) as one line.

What happens if I accidentally do a wash sale? ›

The IRS will disallow your loss, and you won't be able to claim a write-off on your tax return. You'll end up owing taxes on any income that you tried to offset with your wash sale. If you're not current on your taxes, you can incur typical penalties for non-payment, including fines.

How to avoid violating wash sale rules when realizing tax losses? ›

There are strategies for avoiding wash sales while still taking advantage of taxable gains and losses. If you own an individual stock that experienced a loss, you can avoid a wash sale by making an additional purchase of the stock and then waiting 31 days to sell those shares that have a loss.

Do wash sales trigger audits? ›

Since the IRS can see the tax documents sent by your brokerage (see the pattern here?), trying to claim a loss in a wash sale is good way to invite an audit.

Do day traders have to report wash sales? ›

Day traders, especially pattern day traders—those that execute more than four day trades over a five-day period in a margin account—may encounter wash sales regularly. The wash sale rule still applies to these traders.

Where do wash sales go on 1040? ›

How do I enter a wash sale in a 1040 return using worksheet view? To enter a wash sale: Go to Income>Gains and Losses (1099-B, 1099-S, and 2439)>Section 1. Stocks, Securities, and other Non-passive Transactions.

What is the penalty for a wash sale? ›

If you trigger a wash sale, the amount of loss that is not deductible will be added to the cost of the newly purchased, substantially identical stock. This means that if you later sell the newly purchased stock at a gain, you will pay less in taxes.

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.

How do I record a wash sale on my taxes? ›

6. How to report a wash sale on your return. If you need to report losses from wash sales, you can use IRS Form 8949 and Schedule D. Form 8949 will help you compare the amounts reported on Forms 1099B or 1099S, while Schedule D will show the overall gain or loss from the transactions reported on Form 8949.

Do brokers report wash sales to IRS? ›

Interactive Brokers includes wash sales on daily, monthly and annual Activity Statements for all 1099-eligible accounts, as required by the IRS.

When not to use form 8949? ›

Loss on the sale of personal property is not deductible, and generally should not be reported on Form 8949. However, if you receive a Form 1099-K reporting proceeds from the sale of personal property that resulted in a loss, you should report the loss with an offsetting entry.

Can I sell stock and reinvest without paying capital gains? ›

You and other investors who want to avoid paying tax on stocks that have appreciated, will “sell” (in actuality contribute) and reinvest, through a swap. This process involves swapping your appreciated shares for a diversified portfolio of stocks of equivalent value, effectively deferring capital gains tax.

What is the IRS code for wash sale? ›

A wash sale occurs if stock or securities are sold at a loss and the seller acquires substantially identical stock or securities 30 days before or after the sale (IRC § 1091(a); Reg. §1.1091-1(a)).

How to report wash sale on tax return turbotax? ›

As long as you are tracking the wash sales and are not using them on the tax return when you are not allowed, then you can simply enter the same cost basis as the selling price. This will reconcile your tax return with your Form 1099-B Proceeds which is what the IRS is comparing.

References

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