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Natalie Chen

Wash sale rules for partially sold same-day stock lots - tax implications?

I'm trying to understand the wash sale rules for a stock transaction I made last month, and I'm getting confused about how it applies to partial lot sales. Here's my situation: Day 1, 10:00 AM: I bought 100 shares of XYZ Corp at $75/share (Lot 1) Day 1, 1:00 PM: I bought another 100 shares of XYZ Corp at $75/share (Lot 2) Day 4: I sold 140 shares at $45/share (a loss of $30/share). My brokerage specified this as 100 shares from Lot 1 and 40 shares from Lot 2. I'm confused about the wash sale rule. Since I still have 60 unsold shares from Lot 2 that were purchased within 30 days of selling the 100 shares from Lot 1, does this trigger a wash sale for the losses on my Lot 1 shares? I need to understand this for tax reporting. My brokerage statement isn't clear about this situation, and I want to make sure I'm reporting everything correctly when I file next year. Any help would be appreciated!

You've got a classic wash sale scenario here. The IRS wash sale rule (under Section 1091) applies when you sell shares at a loss and purchase "substantially identical" securities within 30 days before or after the sale. In your case, since you purchased the 60 remaining shares of Lot 2 on the same day as Lot 1, and you still hold those 60 shares after selling Lot 1 at a loss, the wash sale rule does indeed apply to the loss on Lot 1. This means you can't claim the $3,000 loss ($30 × 100 shares) on your taxes immediately. Instead, the disallowed loss gets added to the cost basis of your remaining 60 shares. So the cost basis of those 60 shares would increase from $75/share to $75 + ($3,000 ÷ 60) = $125/share. This way, you'll eventually recognize the loss when you sell those remaining 60 shares (assuming you don't trigger another wash sale). Make sure your brokerage reports this correctly on your 1099-B. Sometimes they miss these nuances, especially with same-day transactions.

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What if OP sells those remaining 60 shares in Lot 2 after 31 days from the first transaction? Would the wash sale rule still apply or would they be able to claim the loss from Lot 1 then?

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If the OP sells the remaining 60 shares after 31 days from the original sale (and doesn't buy any more XYZ shares within 30 days after that new sale), they would not trigger a new wash sale. However, the original wash sale rule still applies to the Lot 1 losses. Those losses don't suddenly become claimable after 31 days - they've already been disallowed and added to the cost basis of the remaining 60 shares. The OP will effectively recognize those losses when they sell the 60 shares with the adjusted basis of $125/share.

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I've been trying to contact the IRS for clarification on this exact wash sale situation for WEEKS. Multiple calls, hours on hold, and getting disconnected every single time. So frustrating! Then I discovered https://claimyr.com through a colleague and watched their demo at https://youtu.be/_kiP6q8DX5c. It's a service that basically waits on hold with the IRS for you and calls you when an actual human agent is on the line. I was definitely skeptical, but I gave it a try anyway since I was desperate to resolve my wash sale question before filing. The service called me back in about 95 minutes (after I'd been trying for days!). I spoke directly with an IRS representative who confirmed that yes, the remaining 60 shares would trigger a wash sale on the Lot 1 shares sold at a loss. Saved me hours of frustration and potentially reporting my taxes incorrectly!

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I've gotta admit - I was the biggest skeptic about using Claimyr to reach the IRS. After three failed attempts trying to get through on my own (each time waiting 45+ minutes before getting disconnected), I figured I had nothing to lose. Used the service yesterday for help with a complex wash sale scenario just like yours. They called me back in about 70 minutes with an actual IRS agent on the line! I was honestly shocked it worked. The agent walked me through the exact rules for my situation and confirmed that yes, holding those remaining lot shares would trigger a wash sale. They even emailed me documentation about the specific rule that applies. Wish I'd known about this months ago instead of burning hours of my life on hold music!

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Something a lot of people miss in these wash sale scenarios is that your broker might not correctly identify wash sales on your 1099-B, especially for these partial lot situations. The ultimate responsibility for correctly reporting wash sales falls on YOU, not your broker. Check your 1099-B carefully. In many cases, especially with same-day transactions, the broker's system might not connect the partial lots correctly. I've seen numerous cases where traders had to manually adjust their tax returns to account for wash sales their brokers missed.

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Is there a specific form we should use to report wash sales that our broker missed? Or do we just adjust the basis on Schedule D?

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You'll need to make adjustments on Form 8949 (Sales and Other Dispositions of Capital Assets). When your broker hasn't properly accounted for wash sales, you'll check box C in Part I (for short-term transactions) or box F in Part II (for long-term), which indicates "transactions for which basis was not reported to the IRS." Then list the transaction as reported on your 1099-B, but in column (g) "Adjustments to gain or loss," enter the amount of the wash sale loss that should be disallowed. You'll also need to include a code "W" in column (f) to indicate this is a wash sale adjustment. The total from Form 8949 will then flow to Schedule D. Always keep detailed records of your calculations in case of an audit. Documentation showing why you made the adjustment is crucial.

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This is actually a really common misunderstanding about wash sales. What matters isn't the lot numbers but the timing. Whenever you have a loss sale with a purchase of substantially identical securities within the 61-day window (30 days before/after), you have a potential wash sale. I had this exact situation last year with NVDA stock - sold some at a loss and had other shares purchased within the window. My accountant explained that the way the IRS applies the rule, you look at all purchases of the same security within the window, regardless of lot designation.

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Are you sure about this? I thought the wash sale rule only applied up to the number of shares you repurchased. So if you sell 100 shares at a loss and buy back only 50, only half of your loss would be disallowed.

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@Alexander Evans You re'absolutely correct! The wash sale rule only applies to the extent of the repurchase. In OP s'case, they sold 140 shares at a loss but only held 60 remaining shares from the same-day purchase. So the wash sale would only apply to 60 shares worth of losses, not the full 140 shares. The loss on 60 shares would be disallowed and added to the basis of the remaining 60 shares, but the loss on the other 80 shares sold should be allowable since there aren t'enough replacement shares to trigger a full wash sale on the entire position. @Ruby Garcia This is an important distinction - the wash sale doesn t apply'to the entire loss amount, just the portion that corresponds to shares you still hold or repurchased within the window.

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This is exactly the kind of complex wash sale scenario that trips up so many taxpayers! Based on your description, you're dealing with a partial wash sale situation. Here's what's happening: You sold 140 shares at a loss, but you only have 60 remaining shares from Lot 2 that were purchased within the wash sale window. The wash sale rule will apply, but only to the extent of the shares you still hold - so 60 shares worth of your loss will be disallowed and added to the cost basis of those remaining 60 shares. The math works out like this: - Loss on 60 shares: $1,800 (60 × $30) - this gets disallowed and added to basis - Loss on remaining 80 shares: $2,400 (80 × $30) - this should be deductible Your remaining 60 shares would have an adjusted basis of $125/share ($75 original + $30 disallowed loss per share). Make sure to double-check your 1099-B when it arrives - brokers sometimes miss these nuanced partial wash sale calculations, especially with same-day transactions. You may need to make adjustments on Form 8949 if your broker doesn't report it correctly. Keep detailed records of your calculation method in case the IRS has questions later!

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This breakdown is really helpful! I'm new to trading and had no idea about the partial wash sale concept. So just to clarify - if I understand correctly, the key is matching the number of replacement shares you still hold to determine how much of your loss gets disallowed? Also, when you mention keeping detailed records for the IRS, what specific documentation should we be maintaining? Just the trade confirmations, or is there something else we should be tracking?

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