IRS Rules on the Sale of a Stock and Reinvestment in Similar Investment
Federal tax rules provide advantageous tax treatment to investors who suffer losses on certain securities. To qualify for these benefits the investor must actually take the loss by selling the underlying security. A transaction in which a security is sold and the same or a substantially similar security is purchased within 30 days before or after the sale is considered a wash sale.
Substantially Identical
For a combination of sell and buy transactions to be considered a wash sale by the Internal Revenue Service (IRS), the underlying securities or stocks must be substantially identical, according to IRS Publication 550, Investment Income and Expenses. The stocks of different companies are typically not considered to be substantially identical even if both companies operate in the same industry. Bonds and preferred stocks are not considered to be substantially identical to the common stock of the same industry. Stock options are usually considered to be substantially identical to the common stock of the same company.
Replacement
A combination of sell and buy transactions that occur within 30 days is considered a wash sale when the buy transaction is intended as as a replacement for the sell transaction. The 30-day rule does not apply in transactions that do not involve replacing the shares that were sold. An investor may purchase securities or stocks and sell all or part of her investment within 30 days without the transactions resulting in a wash, because there was no replacement of the stock or security.
Different dates of purchase
Wash sales may apply to multiple transactions involving purchases of stocks or securities on different dates, even if certain purchases were prior to the 30-day limit. According to IRS Publication 550 an investor who purchased shares of stock, then purchased an equal number of shares of substantially identical stock 31 days later, then sold the original shares at a loss but maintained possession of the second stock purchase, would still be considered to have engaged in a wash sale and would not be permitted to claim the loss on his income tax return. Wash sales can be complicated. When in doubt investors should seek the counsel of a qualified accountant or tax attorney.
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