Wash Sale Rule: Can a Loss Be Permanently Disallowed?
Title: Wash Sale Rule: Can a Loss Be Permanently Disallowed? 1 I'm dealing with a situation that's confusing me about wash sales while using the Tax Sensitive method instead of FIFO. For those who don't know, Tax Sensitive prioritizes short-term loss first, then long-term loss, then long-term gain, and finally short-term gain. Here's what happened: Day 0: Bought 100 shares (LOT A) at $20 per share. Day 980: Bought another 100 shares (LOT B) at $16 per share. Day 1000: Sold 100 shares from LOT B at $13.50 per share, resulting in a $250 loss. Because I made a purchase within 30 days before/after the sale, the $250 loss is disallowed according to the wash sale rule. But I'm confused about IRS Publication 550 and what happens to this loss long-term. Is it possible for this loss to be permanently disallowed? Or does it get added to the basis of the remaining shares? The tax software I'm using is giving me conflicting information. If the loss is permanently disallowed, that seems unfair. If it gets added to the basis of LOT A, when would I actually realize that loss?
24 comments


Freya Thomsen
9 The wash sale rule can be confusing, but your loss isn't permanently gone! When you have a wash sale, the disallowed loss gets added to the cost basis of the replacement shares (in this case, LOT A). So your LOT A shares would have their basis adjusted from $20 per share to $22.50 per share (adding the $250 disallowed loss to the original $2,000 basis, then dividing by 100 shares). This means when you eventually sell LOT A, you'll recognize that "lost" $250 in the form of either a larger loss or smaller gain on that sale. The key thing is that you must hold and sell those replacement shares to eventually claim the benefit of the disallowed loss. If you never sell LOT A, then yes, you would effectively never get the tax benefit of that loss.
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Freya Thomsen
•17 But what if the LOT A shares are already long-term when the wash sale happens? Does that mean my short-term loss effectively becomes a long-term loss since it's now attached to shares that would be sold as long-term? Seems like a sneaky way the IRS turns short-term losses into long-term ones.
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Freya Thomsen
•9 Yes, that's exactly what happens - the character of the loss changes to match the replacement shares. So if your LOT A shares are already long-term when the wash sale occurs, the disallowed short-term loss essentially becomes part of a long-term position. This is actually one of the tax planning considerations with wash sales. The IRS isn't being sneaky - this is just how the rule works. Since the disallowed loss becomes part of the basis of your replacement shares, it naturally takes on the holding period characteristics of those shares.
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Freya Thomsen
5 I ran into exactly this situation last year and was so frustrated until I found https://taxr.ai which completely saved me. Their AI analyzed my entire trading history and identified all my wash sales correctly, showing exactly how the disallowed losses were being handled. It showed me that the losses weren't permanently gone but were added to the basis of my other shares. What's cool is that it also showed me potential tax-saving moves I could make before year-end. It highlighted which specific lots I should consider selling to optimize my tax situation given the wash sales that had already occurred.
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Freya Thomsen
•11 How does it handle more complex situations? Like if you have multiple wash sales across different securities or if you've been trading options too? My situation is pretty messy with hundreds of trades.
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Freya Thomsen
•19 I'm skeptical. Most tax software already handles wash sales. What does this do that's actually different from what TurboTax or TaxAct already does with their premium versions?
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Freya Thomsen
•5 For complex situations with multiple wash sales across different securities, it works surprisingly well. It categorizes everything clearly and shows the chain of connected transactions. And yes, it handles options trades too - distinguishing between different contracts and expiration dates. The big difference from TurboTax or other tax software is that it's proactive rather than just calculating after the fact. It shows you opportunities to harvest tax losses without triggering new wash sales and identifies which specific lots you should sell before year-end to optimize your tax situation. Traditional tax software just tells you what happened, not what you should do next.
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Freya Thomsen
19 I tried https://taxr.ai after being skeptical and wow - it actually showed me something my expensive tax software missed. I had a chain of wash sales that created a situation where losses were being carried forward through multiple lots. The visualization made it crystal clear how each trade affected my tax situation. The coolest part was the "what-if" scenario planner that showed me exactly which shares to sell before year-end to optimize my tax situation. I ended up saving over $2,000 in taxes by making a few strategic sales in December based on its recommendations. Totally worth it just for that feature alone.
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Freya Thomsen
13 After dealing with wash sale headaches for years, I finally got through to an actual IRS agent using https://claimyr.com to skip the hold times. The agent explained exactly how my disallowed losses should be handled. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c Before using this service, I spent hours on hold trying to get clarification about my specific situation with wash sales across multiple accounts (including my IRA which makes things even more complicated). With Claimyr, I got through in about 20 minutes and got actual answers from a real IRS representative who walked me through the proper treatment.
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Freya Thomsen
•7 Wait, how exactly does this work? Do they somehow put you ahead in the IRS phone queue? That seems impossible. I've tried calling the IRS dozens of times about my wash sale questions and always give up after being on hold forever.
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Freya Thomsen
•19 Sorry, but this sounds too good to be true. The IRS phone system is notoriously awful. I seriously doubt any service can magically get you through. Also, most IRS phone agents give contradictory information about complex issues like wash sales anyway.
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Freya Thomsen
•13 It doesn't put you ahead in the queue - what it does is automate the waiting process. You basically register your phone number, and their system calls the IRS and waits on hold for you. When they finally reach a human agent, you get a call back to connect with the agent. No magic, just technology handling the tedious hold time for you. The point about contradictory information is fair - you might get different answers from different agents. But in my case, I finally got a senior agent who clearly knew the tax code well and provided specific citations for how wash sales should be handled with my brokerage and IRA accounts.
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Freya Thomsen
19 I was totally wrong about Claimyr. After my skeptical comment, I actually tried it because my wash sale situation was driving me crazy and I couldn't get a straight answer from my broker or online. Got a call back in about 40 minutes, and the IRS agent I spoke with was incredibly knowledgeable. He walked me through exactly how wash sales work across multiple accounts (the thing most people miss is that wash sales apply across ALL your accounts including IRAs, which can permanently disallow losses in some cases). The agent also emailed me specific sections of the tax code that applied to my situation. Total game changer compared to the endless hours I spent trying to figure this out on my own.
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Freya Thomsen
22 Something nobody has mentioned yet: If you're married and your spouse buys substantially identical securities within the wash sale window, that also triggers the wash sale rule! I learned this the hard way last year. And here's another twist: if the replacement shares are in an IRA, the loss can actually be permanently disallowed since you can't adjust the basis of securities in an IRA. The IRS is sneaky that way!
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Freya Thomsen
•4 Wait, seriously? So if I sell something at a loss in my individual account, and my wife buys the same stock in her separate account within 30 days, that's still a wash sale? Do brokerages even track this across different people's accounts?
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Freya Thomsen
•22 Yes, that's absolutely right! The wash sale rule applies to purchases by your spouse and even purchases in your IRA or your spouse's IRA. Most brokerages don't track this across different accounts or different people - it's on you to identify these wash sales when filing taxes. This is why I manually review all our family trading activity at tax time. Brokerages will report wash sales within the same account on your 1099-B, but they won't catch these cross-account or spouse-related wash sales.
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Freya Thomsen
3 Has anyone used the specific identification method for selling instead of FIFO or Tax Sensitive? I'm wondering if specifically choosing which lots to sell could help minimize wash sale problems.
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Freya Thomsen
•16 I've been using specific identification for years and it's a game changer for tax planning. You can strategically choose which lots to sell to work around potential wash sales. Just make sure you're documenting your lot selections at the time of sale - most modern brokerages let you pick exactly which shares you're selling right in the trading interface.
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Gemma Andrews
This is a great question that trips up a lot of investors! The good news is that your $250 loss is NOT permanently disallowed - it gets added to the cost basis of your replacement shares (LOT A in your case). Here's how it works: Your LOT A shares originally had a basis of $20/share ($2,000 total). With the wash sale adjustment, that basis increases to $22.50/share ($2,250 total). So when you eventually sell LOT A, you'll get the benefit of that $250 loss through either a larger loss or smaller gain. One important thing to note: since LOT A was purchased on Day 0 and the wash sale occurred on Day 1000, those shares are already long-term. This means your disallowed short-term loss effectively becomes part of a long-term position, which changes the character of the loss from short-term to long-term when you eventually realize it. The key is that you must eventually sell those replacement shares to get the tax benefit. If you hold LOT A indefinitely, you won't realize that loss for tax purposes. This is why some traders strategically plan their year-end sales to optimize their tax situation while being mindful of wash sale rules.
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Zara Khan
•Thanks for the clear explanation! This is really helpful. I'm curious about the timing aspect - since you mentioned that LOT A becomes long-term, does the wash sale rule affect the holding period at all? Or does LOT A keep its original purchase date of Day 0 for determining long-term vs short-term treatment when I eventually sell it? Also, are there any strategies you'd recommend for avoiding wash sales in the first place when using tax-sensitive accounting methods? It seems like this method might make you more prone to wash sales since it prioritizes selling losses first.
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Hunter Hampton
•Great question about holding periods! LOT A keeps its original purchase date of Day 0 for determining long-term vs short-term treatment. The wash sale rule doesn't reset the holding period of the replacement shares - it only adjusts the basis and potentially the holding period of the disallowed loss itself. So when you eventually sell LOT A, it will still be treated as long-term (since it was held more than a year from Day 0), but the $250 loss that gets incorporated into its basis will also be treated as long-term at that point. For avoiding wash sales with tax-sensitive methods, here are a few strategies: 1. Wait 31 days before repurchasing the same security after a loss sale 2. Consider buying a similar but not "substantially identical" security (like a different company in the same sector) 3. Use ETFs that track the same index but from different providers 4. Plan your loss harvesting earlier in the year so you have more flexibility with timing The tax-sensitive method can indeed make you more prone to wash sales since it does prioritize losses, so extra planning is definitely worthwhile!
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Liam McConnell
I've been dealing with wash sales for years as an active trader, and one thing that really helped me was setting up a spreadsheet to track all my positions across different accounts. The cross-account wash sale issue that someone mentioned is absolutely real and can catch you off guard. One strategy I use is the "parking" method - instead of immediately repurchasing the same stock after a loss sale, I'll buy a similar ETF or a stock in the same sector for 31+ days, then switch back if I want. For example, if I sell AAPL at a loss, I might buy QQQ or MSFT temporarily to maintain similar market exposure without triggering the wash sale. Also, be extra careful with dividend reinvestment plans (DRIPs). If you have automatic dividend reinvestment turned on and it buys shares within 30 days of your loss sale, that can trigger a wash sale too. I learned this one the hard way when my "clean" loss harvesting got messed up by a $12 dividend reinvestment I forgot about. The basis adjustment works exactly as others described, but tracking it manually across multiple securities and years can get messy quickly. Good record keeping is essential!
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CyberNinja
•This is incredibly helpful advice! I never thought about DRIPs potentially triggering wash sales - that's such a sneaky gotcha that could mess up careful tax planning. The "parking" strategy sounds smart too. Do you have any specific recommendations for similar ETFs that work well for this? For instance, if I'm holding individual tech stocks, would switching between QQQ and VGT be different enough to avoid the substantially identical rule, or do I need to go broader like VTI? Also, I'm curious about your spreadsheet setup - do you track this manually or have you found any tools that can automatically pull in data from multiple brokerages? Managing this across several accounts sounds like a lot of work but seems essential for anyone doing active tax loss harvesting.
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Bruno Simmons
•Great point about DRIPs! I had no idea those could trigger wash sales too. For the "parking" strategy with tech stocks, I've had good success with these pairings: - Individual tech stocks → QQQ or VGT (both should be different enough) - QQQ ↔ VGT (these track different indexes so definitely safe) - Individual stocks → broader market ETFs like VTI or SPY - Large cap growth → small cap value ETFs for maximum differentiation The key is making sure the securities aren't "substantially identical." Individual stocks vs ETFs are almost always safe, and ETFs that track different indexes (even in similar sectors) should be fine. For tracking across accounts, I use a combination of approaches: - Manual CSV downloads from each brokerage monthly - A Python script I wrote that parses the files and flags potential wash sales - Portfolio tracking tools like Personal Capital for the big picture view The manual work is tedious but I've found it's worth it. Missing just one cross-account wash sale can cost you hundreds in lost tax benefits. Plus, the discipline of tracking everything has made me a much more strategic trader overall. Have you run into the IRA wash sale issue mentioned earlier? That's another nasty gotcha where losses can be permanently disallowed.
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