
Wash sale day trading can be a complex and confusing topic, especially when it comes to taxes. The IRS allows for a 30-day window to repurchase a security if you sell it at a loss, but you must wait until after the 30th day to buy it back.
The IRS considers a wash sale if you buy a "substantially identical" security within 30 days of selling it at a loss. This means that if you sell a stock on December 15th and buy the same stock back on December 20th, it's considered a wash sale.
The IRS will disallow the loss on your tax return if you have a wash sale. This can be a significant issue for active investors who frequently buy and sell securities.
Tax Implications
You can't claim a loss from a wash sale as a deduction on your tax return. The loss is added to the cost basis of the new security, which will impact the amount of gain or loss on any future sales of that security.

The wash sale rule applies to both stocks and options, as well as short sales. This means you need to be aware of wash sales across all accounts, not just the one where the sale occurred.
Traders can avoid wash sales by waiting more than 30 days to repurchase a security that they have sold at a loss. Alternatively, they can purchase a similar but not identical security to maintain their market exposure while avoiding the wash sale rule.
You'll need to include the disallowed loss in your adjusted cost basis when calculating the cost basis of a security that has been impacted by a wash sale. This means that if you sell a security at a loss for $10,000 and then repurchase a substantially identical security for $9,000, your cost basis for the new security will be $10,000 + $1,000 (the disallowed loss).
To report losses from wash sales, you'll need to use IRS Form 8949 and Schedule D. Form 8949 will help you compare the amounts reported on Forms 1099B or 1099S, while Schedule D will show the overall gain or loss from the transactions reported on Form 8949.
What Is the Wash Rule?

The wash sale rule is a tax regulation that prevents investors from selling a security at a loss and immediately buying it back to claim a tax benefit. This rule applies to most investments, including stocks, bonds, mutual funds, and exchange-traded funds (ETFs).
The wash sale rule states that you cannot deduct a loss if you buy the same security, a contract or option to buy the security, or a substantially identical security within 30 days before or after selling the loss-generating investment.
A wash sale occurs when you sell a security at a loss and then purchase the same security again in a short period. This can happen in a taxable account or a tax-advantaged account, and the IRS considers it a wash sale even if one spouse sells the stock at a loss and the other spouse buys it back.
The IRS has a 61-day window to consider a wash sale, but the actual disallowance period is 30 days before or after the sale. If you buy the same security during this time, the tax loss will be disallowed.

Here are some examples of what constitutes a wash sale:
- Selling a stock at a loss and buying it back within 30 days
- Buying a contract or option to buy the security within 30 days
- Buying a substantially identical security within 30 days
If you're planning to sell a security at a loss, make sure to wait at least 30 days before buying it back or a substantially identical security. This will ensure you can claim the tax loss on your federal tax return.
Managing Tax Consequences
Managing tax consequences is a crucial aspect of day trading, and understanding wash sales is a key part of that.
The wash sale rule applies to both stocks and options, as well as short sales, and it's essential to keep accurate records of all trades to accurately report wash sales on your tax return.
To avoid wash sales, you need to wait at least 30 days before repurchasing a security that you have sold at a loss, or purchase a similar but not identical security to maintain your market exposure while avoiding the wash sale rule.

Even if you have multiple accounts with different brokers, you still need to be aware of wash sales across all accounts, as the IRS considers all accounts under the same taxpayer identification number as one entity for tax purposes.
The cost basis of a security that has been impacted by a wash sale includes the disallowed loss, which means that if you sell a security at a loss and then repurchase a substantially identical security within 30 days, the loss is added to the cost basis of the new security.
If you experience a wash sale, the capital loss disallowed by the IRS is included in the cost basis of the replacement stock, which can impact the amount of gain or loss on any future sales of that security.
You can avoid wash sales by waiting more than 30 days to repurchase a security that you have sold at a loss, or by purchasing a similar but not identical security to maintain your market exposure while avoiding the wash sale rule.
The IRS considers all trades, including short sales, when determining if a wash sale has occurred, so it's essential to keep accurate records of all trades to accurately report wash sales on your tax return.

Tax-loss harvesting is a strategy that involves selling securities at a loss to offset gains and reduce taxes, but it's essential to be aware of the wash sale rules when implementing this strategy.
If you have a wash sale, the loss is not immediately disallowed, but rather added to the cost basis of the new investment, which can impact the amount of gain or loss on any future sales of that security.
Avoiding the Wash Rule
Avoiding the Wash Rule can be a bit tricky, but don't worry, I've got you covered. The key is to understand the 61-day window you have to avoid buying the same stock after selling it at a loss. This window starts 30 days before and ends 30 days after the sale, giving you a total of 61 days to steer clear of the wash sale rule.
If you can't wait 61 days, you can try purchasing a security that's not substantially identical to the one you recently sold. However, be aware that the IRS determines what constitutes a substantially identical security, and there are no clear guidelines to follow.

To give you a better idea, here are some options to avoid the wash sale rule:
- Hold off on repurchasing the same or very similar stock that you sold.
- Purchase a security that is not substantially identical to the one you recently sold.
Remember, it's always a good idea to consult with a tax professional if you're unsure about what constitutes a substantially identical security.
Reporting and Elections
To report wash sales on your tax return, you'll need to keep accurate records of all your trades, including the date, security, number of shares, purchase price, and sale price. This will help you identify any potential wash sales.
You can use accounting software specifically designed for active traders to help with this process. This software can automatically calculate wash sales and make it easier to report them on your tax return.
If you make the mark-to-market election, you won't be subject to the wash sale rule. This means all your trading gains and losses will be treated as ordinary income, not capital gain.
Here are some key points to keep in mind if you're considering making the mark-to-market election:
- Any trading gains and losses will be treated as ordinary income.
- Stocks or other trading assets will be "marked to market" at the end of the year, based on their fair market value.
- Once you make this election, you can't revoke it without the IRS's consent.
How to Report a Wash Return

To report a wash sale on your tax return, you'll need to use IRS Form 8949 and Schedule D. This form will help you compare the amounts reported on Forms 1099B or 1099S.
You'll need to complete as many copies of Form 8949 as needed to report all the transactions for you and your spouse if you're married and filing jointly.
The totals from all Forms 8949 should be on Schedule D, which will show the overall gain or loss from the transactions reported on Form 8949.
Keep accurate records of all your trades, including the date of the trade, the security traded, the number of shares, the purchase price, and the sale price.
If you repurchase a security within 30 days of selling it at a loss, the loss cannot be claimed on your tax return, making it a wash sale.
The Mark-to-Market Election
The Mark-to-Market Election can be a complex but powerful tool for traders. If you make this election, all your trading gains and losses will be treated as ordinary income, not capital gain.

Making this election means you'll report gain or loss as if you sold all your trading assets at the end of the year for their fair market value. This is known as "marking to market."
Once you make this election, you're stuck with it - you can only revoke it with the consent of the IRS.
Here are some key things to know about the Mark-to-Market Election:
- If you make this election, your trading gains and losses will be treated as ordinary income, not capital gain.
- Any stock or other trading asset you hold at the end of the year is "marked to market", meaning you report gain or loss as if you sold it at the end of the year.
- You can only revoke the Mark-to-Market Election with the consent of the IRS.
Sources
- https://fastercapital.com/content/Day-Trading-and-Wash-Sales--Managing-Tax-Consequences-for-Active-Traders.html
- https://www.fidelity.com/learning-center/personal-finance/wash-sales-rules-tax
- https://fairmark.com/investment-taxation/capital-gain/wash/traders/
- https://money.stackexchange.com/questions/36457/wash-sales-and-day-trading
- https://www.kiplinger.com/taxes/604947/stocks-and-wash-sale-rule
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