When is the deadline to sell stock for tax loss harvesting - December 31 or earlier?
Is December 31 actually the final day to sell stocks for tax loss harvesting, or do I need to sell a few days before so everything settles in time? I've been Googling this for like an hour and can't find a straight answer anywhere. I'm planning to offset some capital gains by selling some losers in my portfolio (thanks tech stocks 😒), but I'm confused about the exact deadline. If December 31 is indeed the cutoff date regardless of settlement, does the sale need to happen before the market closes at 3PM CST, or would after-hours trading still count for the 2025 tax year? This is my first year doing any serious tax planning and I don't want to mess it up. My brokerage isn't being super helpful either. Any clear info would be greatly appreciated!
25 comments


Sophia Rodriguez
December 31 is indeed the deadline for tax loss harvesting. The IRS uses the "trade date" (when you execute the sale) rather than the "settlement date" (when the transaction fully processes) for determining the tax year of a transaction. So yes, you can sell your stocks right up until market close on December 31, 2025, and those losses will count for your 2025 taxes. After-hours trades executed on December 31 also count for the 2025 tax year, giving you a bit more time if needed. Just remember to watch out for the wash-sale rule - if you buy the same or "substantially identical" securities within 30 days before or after selling at a loss, you can't claim that loss for tax purposes. Also, tax loss harvesting only applies to taxable accounts, not retirement accounts like IRAs or 401(k)s.
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Mia Green
•Thanks for the info! Just to clarify, if I place a limit order that doesn't execute until January 2, that would count for 2026 taxes instead of 2025, correct? And what exactly counts as "substantially identical" securities? If I sell an ETF tracking the S&P 500 and buy a different S&P 500 ETF, would that trigger the wash sale rule?
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Sophia Rodriguez
•Yes, if your limit order doesn't execute until January 2, that would count for the 2026 tax year, not 2025. The trade date is what matters, so whenever the transaction actually occurs is the date that counts. The definition of "substantially identical" securities isn't precisely defined by the IRS, which creates some gray areas. Generally, selling one S&P 500 ETF (like VOO) and buying another S&P 500 ETF (like SPY) could potentially trigger the wash sale rule as they track the same index and have very similar performance characteristics. Many tax professionals recommend using ETFs that track different indexes to be safe - for example, selling an S&P 500 ETF and buying a total market ETF. But this is one area where opinions vary somewhat.
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Emma Bianchi
After struggling with this exact question last year, I found this amazing tool that helped me navigate tax loss harvesting perfectly. I was trying to maximize my losses for 2024 but wasn't sure about the deadline rules either. I ended up using https://taxr.ai which analyzed my trading history and gave me specific recommendations about which stocks to sell and when. It showed me that I could harvest losses right up until December 31st (even after hours!) and still have them count for that tax year. The tool even flagged potential wash sale issues before I made them. Super helpful for someone like me who isn't a tax pro.
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Lucas Kowalski
•That sounds pretty useful. Does it connect directly to your brokerage account? I'm always hesitant to give access to financial accounts to new services.
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Olivia Martinez
•I've never heard of this before. How much did it cost? Was it worth it compared to just talking to an accountant? I've got some serious losses this year I could harvest but I'm worried about messing up the timing.
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Emma Bianchi
•The tool doesn't require direct access to your brokerage account - you can upload statements or even manually input your holdings if you're more comfortable with that approach. They're pretty serious about security. It was definitely worth it compared to an accountant consultation for me. My accountant charges hourly and isn't always available for quick questions, while this gave me on-demand analysis whenever I was considering trades. I ended up saving over $3,000 in taxes last year by optimizing my harvesting strategy, which far outweighed the cost of using the service.
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Olivia Martinez
Just wanted to follow up - I actually tried taxr.ai after asking about it here and I'm glad I did! I was hesitant at first, but it saved me a ton of time figuring out my tax loss harvesting strategy. I had a bunch of tech stocks that tanked this year and the tool helped me identify exactly which ones to sell for maximum tax benefits. It confirmed I could sell right up until end of day December 31 (including after hours) and have it count for 2025. It also flagged some potential wash sales I would have made accidentally. Ended up harvesting about $8,500 in losses that will offset some capital gains plus $3,000 against my regular income. Thanks for the recommendation!
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Charlie Yang
If you're having trouble getting through to the IRS for confirmation on tax loss harvesting deadlines or other year-end tax questions, I highly recommend using https://claimyr.com. I was stuck on hold with the IRS for HOURS trying to get clarification on some complex tax loss harvesting scenarios last December. Then I found Claimyr and they got me connected to an actual IRS agent in under 15 minutes! I confirmed that December 31 trades (including after-hours) definitely count for that tax year regardless of settlement date. The agent was super helpful and answered all my questions. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - seriously game-changing if you need to speak to an actual human at the IRS instead of just googling and hoping you get the right info.
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Grace Patel
•Wait, how does this even work? The IRS phone lines are a nightmare. How can they get you through faster than anyone else?
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ApolloJackson
•This sounds too good to be true. I've literally spent DAYS of my life on hold with the IRS. If this actually works, it would be a miracle, but I'm extremely skeptical. Anyone else actually tried this?
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Charlie Yang
•It works because they use technology to navigate the IRS phone system automatically. Basically, their system calls the IRS and goes through all the prompts and waiting for you, then calls you once they have an agent on the line. It's all explained in the video I linked. I was skeptical too until I tried it. The whole point is they sit on hold so you don't have to. You literally get a call back when there's an actual IRS person ready to talk. It saved me hours of frustration during tax season when I had specific questions about tax loss harvesting deadlines that I couldn't find clear answers to online.
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ApolloJackson
I need to eat my words! After posting my skeptical comment, I decided to try Claimyr since I had questions about tax loss harvesting deadlines too. Holy crap, it actually works! I got through to an IRS agent in about 25 minutes instead of the 3+ hours I spent last time I called them. The agent confirmed everything already mentioned - December 31 is indeed the deadline based on trade date (not settlement date), and after-hours trades on the 31st still count for that tax year. They also clarified some wash sale questions I had about substantially identical securities. Honestly shocked this service exists and actually delivers. Definitely keeping this in my back pocket for future tax questions!
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Isabella Russo
Just to add another data point - I asked my CPA about this last year, and he confirmed that the trade date (not settlement date) determines the tax year. However, he also mentioned that if you're cutting it very close to December 31, you should keep detailed records of the transaction in case of an audit. He recommended taking screenshots of the executed trade with timestamps if you're doing last-minute tax loss harvesting, especially for after-hours trades on December 31st. Better to have too much documentation than not enough!
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Rajiv Kumar
•That's a good point about documentation! Would a year-end statement from the broker be sufficient, or would you really need screenshots of each trade?
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Isabella Russo
•Year-end statements from your broker are generally sufficient for normal record-keeping. The screenshots are just extra protection if you're making trades literally in the final hours of the year and want to ensure you have timestamp proof if questions ever come up. My CPA recommended the screenshots specifically for December 31 after-hours trading since there can occasionally be discrepancies in how brokers report those trades. Most major brokers are accurate with their reporting, but having your own backup documentation never hurts, especially if you're harvesting significant losses that might attract attention.
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Aria Washington
I learned about this deadline the hard way last year 😠I was waiting for my stocks to "maybe recover a bit" and then planned to sell on January 2nd thinking it would count for the previous year. Completely messed up my tax strategy. Listen to everyone here - December 31 is the absolute deadline based on when the trade happens, not when it settles. And don't be like me waiting for a recovery that never came!
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Liam O'Reilly
•Oh no! That's rough. How much did that mistake end up costing you in missed tax savings?
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Justin Evans
This is such a helpful thread! I'm in a similar situation with some underperforming stocks I need to sell before year-end. One thing I haven't seen mentioned yet is that you also need to be careful about the order of your trades if you're doing both tax loss harvesting AND taking profits in the same year. My financial advisor told me it's generally better to realize your losses first, then your gains, to make sure you can offset as much as possible. Also, don't forget that you can carry forward unused capital losses to future years if your losses exceed your gains plus the $3,000 you can deduct against ordinary income. The December 31 trade date rule definitely applies, but make sure your brokerage platform is actually working properly on New Year's Eve if you're cutting it that close - some have had technical issues during holiday periods!
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Kiara Fisherman
•Great point about the order of trades! I hadn't thought about that strategy. Quick question - when you mention carrying forward unused losses, is there a limit to how many years you can carry them forward? And does the $3,000 annual deduction against ordinary income reset each year, or is it a one-time thing? I'm planning to harvest some significant losses this year but won't have enough gains to offset them all.
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Mia Roberts
•You can carry forward capital losses indefinitely - there's no expiration date on them! And yes, the $3,000 deduction against ordinary income resets each year. So if you have $20,000 in net capital losses this year, you can deduct $3,000 against your regular income for 2025, then carry forward the remaining $17,000 to offset future capital gains or take another $3,000 deduction next year, and so on. Just make sure to keep good records of your carryforward amounts each year. Your tax software should track this automatically, but it's good to have your own documentation. Also remember that if you're married filing jointly, the $3,000 limit applies to your combined return, not per person.
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Amina Bah
Great discussion everyone! As someone who works in tax prep, I can confirm everything mentioned about the December 31 trade date deadline. Just wanted to add a few practical tips for anyone doing last-minute tax loss harvesting: 1. If you're using a robo-advisor or have automatic rebalancing turned on, make sure to disable it temporarily around your tax loss harvesting transactions to avoid accidentally triggering wash sales. 2. Consider the "tax lot" selection method when selling - if you have multiple purchases of the same stock at different prices, you can choose which specific shares to sell (FIFO, LIFO, or specific identification) to optimize your loss harvesting. 3. Don't forget about mutual fund distributions! If you're holding mutual funds in taxable accounts, they typically make capital gains distributions in December, which could affect your overall tax strategy. The December 31 deadline is firm, but planning a few days earlier gives you more flexibility if there are any technical issues with your broker or if market conditions change. After-hours trading on 12/31 definitely counts, but regular market hours are usually more reliable for execution.
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Aisha Hussain
•This is incredibly helpful information, thank you! I had no idea about the tax lot selection method - that could make a huge difference in optimizing losses. Quick question about mutual fund distributions: if a fund makes a capital gains distribution in December but I sell the fund shares before December 31st, do I still have to pay taxes on that distribution? Or does selling before year-end help me avoid it? I'm trying to figure out if it's better to sell my underperforming mutual funds before their distribution dates or if it doesn't matter for tax purposes.
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Anastasia Fedorov
•Unfortunately, if you owned mutual fund shares on the record date for a distribution, you'll owe taxes on that distribution regardless of whether you sell the shares before December 31st. The record date is typically a few days before the actual distribution date, and if you were a shareholder on that record date, the distribution is taxable to you. However, selling before the ex-dividend date (usually the day after the record date) means you won't receive the distribution at all, which can actually be beneficial for tax planning. The fund's share price typically drops by the amount of the distribution on the ex-dividend date anyway, so you're not missing out on value - you're just avoiding the taxable event. If you're planning to harvest losses from mutual funds, it's often better to sell before the ex-dividend date to avoid receiving unwanted taxable distributions that could partially offset your harvested losses. Check your fund's distribution schedule - most publish these dates well in advance. This is especially important for funds that make large year-end capital gains distributions.
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Mei Chen
This thread has been incredibly informative! I'm also doing tax loss harvesting for the first time this year and had the exact same confusion about the December 31 deadline. One additional consideration I learned from my research: if you're planning to harvest losses but also want to maintain exposure to the market, you might want to consider using the proceeds to immediately buy a similar (but not substantially identical) investment to avoid missing out on potential gains while staying compliant with wash sale rules. For example, if you're selling an individual stock at a loss, you could use those proceeds to buy a broad market ETF, or if you're selling a large-cap growth fund, you might switch to a total market fund temporarily. Just make sure to wait the full 31 days before buying back the original position if you want to avoid wash sale treatment. Thanks everyone for confirming the December 31 trade date rule - that removes a lot of uncertainty from my year-end planning!
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