livesoft wrote:One needs to understand the concept of replacement shares. That is, one has to still own shares that replaced the shares you sold at a loss. If you buy and sell the same shares, there are no replacement shares unless you have bought more shares either before or after the shares you wrote about.
Now try this: You buy 1000 shares of stock. 10 days later you sell 500 shares at a loss. Is that a wash sale? Answer: No.
A wash sale occurs when you sell or otherwise dispose of stock or securities (including a contract or option to acquire or sell stock or securities) at a loss and, within 30 days before or after the sale or disposition, you:
Buy substantially identical stock or securities,
You buy 100 shares of X stock for $1,000. You sell these shares for $750 and within 30 days from the sale you buy 100 shares of the same stock for $800. Because you bought substantially identical stock, you cannot deduct your loss of $250 on the sale. However, you add the disallowed loss of $250 to the cost of the new stock, $800, to obtain your basis in the new stock, which is $1,050.
(a) Disallowance of loss deduction
In the case of any loss claimed to have been sustained from any sale or other disposition of shares of stock or securities where it appears that, within a period beginning 30 days before the date of such sale or disposition and ending 30 days after such date, the taxpayer has acquired (by purchase or by an exchange on which the entire amount of gain or loss was recognized by law), or has entered into a contract or option so to acquire, substantially identical stock or securities, then no deduction shall be allowed under section 165 unless the taxpayer is a dealer in stock or securities and the loss is sustained in a transaction made in the ordinary course of such business.
It only applies for losses.Blue88 wrote:Question: I sell all shares of an S&P 500 index fund at a gain and invest the entire amount in a Total Stock Mkt Index Fund with another company. Do I care about the wash sale rule with a capital gain or does this just apply to selling at a loss?
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