The landscape · Investing and taxes
Tax loss harvesting and the wash sale rule
Selling an investment at a loss creates a capital loss that offsets gains and some ordinary income, but buying the same or a substantially identical investment within 30 days before or after the sale disallows the loss.
Who this exists for. This applies when a person sells an investment in a taxable account at a loss and buys something similar within a window set in law. Ticks that show it: I hold investments outside retirement accounts; My household income is well above average.
How it works
A realized loss first offsets capital gains of the same holding period, then the other kind, and up to this year's official capital loss deduction limit (not yet verified here; see the official source below) of net loss a year reduces ordinary income, with the remainder carried forward indefinitely. The wash sale rule applies when the same security, or one substantially identical to it, is bought within the 61 day window centered on the sale date, in any account the person or their spouse holds, including an IRA. A disallowed loss is not gone forever; it is added to the basis of the replacement shares, so it shows up when those are sold, except when the replacement is bought in an IRA, where it is lost. Reinvested dividends inside the window count as a purchase. Funds that track different indexes are generally not treated as identical, though the IRS has not drawn a bright line.
What it gives
A loss on paper becomes a real reduction in this year's tax while the money stays invested in something similar.
Losses carry forward without expiration.
The disallowed loss in a wash sale is deferred rather than lost, outside an IRA.
What it costs, or where the catch is
Automatic dividend reinvestment or a purchase in a spouse's account can trigger the rule by accident.
A loss sale that is then repurchased in an IRA loses the loss permanently.
The replacement investment carries a lower basis, so the tax saved now is mostly tax deferred, not erased.
A worked example
Bram holds an index fund he bought for $30,000 that is now worth $24,000. He sells, books a $6,000 loss, and buys a different broad market fund the same day. This year he has $2,000 of gains, so the loss wipes those out, and if the yearly ordinary offset were $3,000, that much comes off his wages too, saving about $660 at 22 percent. The remaining $1,000 carries forward to next year.
Where it goes wrong
The common miss is selling a fund at a loss and letting an automatic reinvestment buy it back a week later, which disallows the loss.
Who confirms it for you
For your own numbers, a CPA or enrolled agent. This page explains how the rule works for people in general; it does not know your situation and does not tell you what to do.
The official source
IRS Publication 550, Investment Income and Expenses. Every figure that changes by year comes from the site's rules table, which the watcher checks against the official page on a schedule; where a figure is not yet verified, this page says so instead of printing a number.
Ask about Tax loss harvesting and the wash sale rule
A model reads this page and answers from it. It will say when the answer is not on the page. Education, not personalized advice.
Nearby doors
- After tax contributions and the mega backdoor Roth
This exists for a worker whose plan allows after tax contributions above the deferral cap and allows them to be moved into a Roth account.
- The employee stock purchase plan discount
This exists for a worker whose employer offers an employee stock purchase plan that sells company shares at a discount through payroll.
- Nonqualified deferred compensation
This exists for higher earners, usually executives and senior staff, whose employer offers a plan to defer salary or bonus beyond what a 401(k) allows.
- The backdoor Roth and the pro rata rule
This exists for a person whose income is above the Roth IRA phase out and who has no pretax money in any traditional IRA.
- I bonds and Treasury bills through TreasuryDirect
This exists for a person holding cash they do not need for a while, who wants to know what the Treasury sells directly to individuals.
- FDIC and NCUA insurance limits and ownership categories
This exists for anyone with money in a bank or credit union, and especially for a person whose balances at one institution are approaching the insured amount.
Education, not advice. Wealthy Habitat explains how rules work and never recommends what to do with your money. The No Advice Disclosure.