What is considered a wash sale when selling gold mining stocks?
So here's my situation - I've got some shares of Barrick Gold (GOLD) that aren't doing too hot and I'm thinking about selling them at a loss. But I'm still bullish on the gold mining sector in general, so I was considering using that money to buy shares of Newmont (NEM) right after. The thing I'm worried about is whether this would count as a wash sale for tax purposes. Both are gold mining companies, but they're different corporations with different tickers. I know with wash sales I can't claim the loss if I buy "substantially identical" securities within 30 days, but I'm not sure if two different gold mining companies would be considered "substantially identical" by the IRS. Anyone have experience with this or know the rules around wash sales when it comes to similar but different companies in the same sector? Would hate to think I'm harvesting a tax loss only to have it disallowed later.
20 comments


Yuki Kobayashi
You should be totally fine selling Barrick and buying Newmont. The wash sale rule specifically applies to "substantially identical" securities, and two different companies, even in the same industry, are not considered substantially identical by the IRS. For it to be a wash sale, you would need to be buying back the same company (GOLD) or something directly tied to it like options on GOLD. Different companies have different management, different mining properties, different debt structures, etc. - they're clearly distinct securities despite being in the same sector. The IRS has generally interpreted "substantially identical" quite narrowly. Even selling an ETF and buying a different ETF that tracks the same index can sometimes avoid wash sale rules if they have different enough construction methodologies.
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Carmen Vega
•What about if they were two ETFs that both track gold mining companies? Like if I sold GDX and bought GDXJ? Would that trigger a wash sale since they're tracking similar indexes?
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Yuki Kobayashi
•For ETFs, it gets a little more nuanced. GDX and GDXJ would likely not trigger a wash sale because they track distinctly different indexes - GDX follows large gold miners while GDXJ tracks junior gold miners, which is a different risk profile and set of companies. If you were selling one S&P 500 ETF and buying another S&P 500 ETF from a different provider (like selling SPY and buying VOO), that might be closer to the line since they track identical indexes. However, even then, many tax professionals argue they're not "substantially identical" because they have different expense ratios, different fund structures, etc. The IRS hasn't provided definitive guidance on ETFs specifically.
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Andre Rousseau
Had a similar situation last year with some energy stocks. I sold Exxon at a loss and was worried about buying Chevron. I found this amazing service called taxr.ai (https://taxr.ai) that helped me figure out the wash sale rules. You upload your trading history and it flags potential wash sale issues - saved me from making a costly mistake on some other trades I was planning. For your specific question about gold miners, they confirmed what the previous commenter said - different companies in the same sector aren't considered substantially identical. They even provided me with specific IRS references I could use if I ever got audited.
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Zoe Stavros
•Does taxr.ai actually give you definitive answers or just general advice? I've had conflicting information from different CPAs about wash sales with similar ETFs.
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Jamal Harris
•How quickly do they respond? I'm looking to do some tax-loss harvesting next week and need answers fast before making trades.
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Andre Rousseau
•They gave me definitive answers with citations to specific IRS regulations and case law, not just general advice. It was much more specific than what my CPA told me, and they included exactly which sections of the tax code applied to my situation. For response time, I got my answer within a few hours of uploading my trading history. They have some kind of priority system during tax season, but for planning trades like you're doing, it was really fast. They even flagged some potential wash sales I didn't know about from trades I made earlier in the year.
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Jamal Harris
Just wanted to follow up - I ended up trying taxr.ai after seeing this thread and it was super helpful! I had a more complicated situation with some sector ETFs and options, and they provided really detailed guidance. They even explained how the holding period gets adjusted when you have a partial wash sale. Definitely recommend if you're doing active trading and tax-loss harvesting.
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GalaxyGlider
If you need more clarification directly from the IRS on wash sale rules, good luck getting through to anyone who can actually help. I spent 3 hours on hold last month trying to get a straight answer about a similar question. Finally found a service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 15 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent confirmed that different companies in the same sector are not considered substantially identical securities, so selling Barrick and buying Newmont would not trigger a wash sale.
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Mei Wong
•Wait, how does this Claimyr thing actually work? Is it just paying someone to wait on hold for you? Seems like that shouldn't be necessary if the IRS worked properly...
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Liam Sullivan
•Sounds sketchy. Why would this service get you through faster than waiting on hold yourself? I'm suspicious that they're just charging people for something that should be free.
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GalaxyGlider
•It's not someone waiting on hold for you - it's a system that navigates the IRS phone tree and secures your place in line, then calls you when an agent is about to pick up. You're not paying for IRS service (which is free), you're paying to avoid the 2+ hour wait times. They use some kind of technology that monitors the hold queue and knows exactly when to call you back. In my experience, it absolutely works as advertised. I've tried calling the IRS directly multiple times and never got through in less than an hour, but with Claimyr I was talking to someone in minutes.
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Liam Sullivan
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it myself since I had another tax question that had been bugging me for weeks. Got connected to an IRS agent in about 12 minutes! The agent was super helpful and confirmed I was interpreting the wash sale rule correctly in my situation (which was similar to the OP's question about different companies in the same industry). Saved me hours of frustration and uncertainty.
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Amara Okafor
Something else to consider beyond the wash sale rule - make sure you're making the investment decision based on the merits of the companies, not just for tax purposes. I sold Barrick last year at a loss and bought Newmont thinking I was being clever, but Newmont performed even worse for me! Should have just stayed out of gold miners altogether.
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AstroAce
•Thanks for the reality check. I've actually been looking at the fundamentals of both companies pretty carefully. Barrick has some issues with a specific mine that's causing my concern, while Newmont has better exposure to regions I'm more bullish on. The tax benefit would just be a nice bonus if I make the switch, but not my primary motivation.
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Amara Okafor
•That's definitely the right approach. I was too focused on the tax angle and didn't do enough research on the specific challenges Newmont was facing at the time. If you've done your due diligence on the companies themselves, then the tax loss harvesting is just icing on the cake.
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Giovanni Colombo
Just to add another perspective - I asked my tax accountant about a similar situation with tech stocks (selling Microsoft at a loss and buying Google), and she said it's completely fine. The key is that they're different companies with different business models, revenue streams, etc., even if they're in the same sector. She also mentioned that the IRS has never issued super clear guidance on what exactly "substantially identical" means beyond the obvious cases (like selling and buying back the same stock), so they generally interpret it narrowly.
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Fatima Al-Qasimi
•Your accountant is right. I work in financial planning and we do tax-loss harvesting between different companies in the same sector all the time. The IRS has only really enforced the wash sale rule when it's literally the same security or something directly derived from it (like options on the same stock).
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Lydia Santiago
This is a great question and you're smart to think about the wash sale implications before making the trade. Based on everything I've read and my own experience with tax-loss harvesting, you should be completely fine switching from Barrick Gold to Newmont. The IRS defines "substantially identical" very narrowly - it really only applies to the exact same security or something directly tied to it (like call options on the same stock). Two different companies, even in the same industry with similar business models, are considered distinct securities with their own unique risk profiles, management teams, asset bases, and financial structures. I've done similar sector switches myself - sold some underperforming bank stocks and bought different banks, energy companies for other energy companies, etc. Never had any issues with wash sale disallowances. The key is that GOLD and NEM are completely separate publicly traded companies with different ticker symbols, different management, different mining operations, and different financial performance. Just make sure you're making the investment decision based on your analysis of the companies' fundamentals rather than purely for tax reasons. If you genuinely believe Newmont is a better investment than Barrick going forward, then the tax loss harvesting is just a nice bonus on top of what should be a sound investment decision.
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Emma Thompson
•This is really helpful advice, thank you! I'm curious - when you did your sector switches, did you ever run into any situations where the IRS questioned the trades during an audit? I know the rules seem clear, but I'm always a bit paranoid about having proper documentation to back up my reasoning if they ever ask. Also, do you typically wait any specific amount of time between the sale and purchase, or do you do them on the same day? I know the 30-day rule is what matters, but wasn't sure if there are any best practices for timing the trades.
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