Wash sale rule (securities)

Section 1091 disallows a loss on stock or securities sold and repurchased within 30 days before or after the sale, adding the disallowed loss to the basis of the replacement shares.

How it works

It applies to stocks, bonds, options, and mutual funds, including purchases in an IRA. It does not currently apply to cryptocurrency, which the IRS treats as property.

Why it matters

Congress has proposed extending the rule to digital assets repeatedly; the crypto treatment should be confirmed for the year involved. Wash sale rule and crypto.

Where this comes up in our work

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Audits, penalties, collections, criminal exposure, and Tax Court, handled by attorneys who do this every day.

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Definitions are general information, not legal advice, and may not reflect the most recent changes in law.