If I sell a stock on a gain and buy it back within 30 days, can I take advantage of the wash sale rule?

Question

I know that if you sell a stock at a loss and buy it back within 30 days, the loss doesn't count towards your capital loss or short term loss. However, if you sell a stock at a gain and rebuy it within 30 days, does that gain count towards your short term or capital gains?

Answer 1

Unfortunately, the IRS wants gains ASAP. While they are remiss at doling out tax breaks for losses, they are quick to take the gains.

If you have any sale of stock at a gain, you pay tax on it regardless when you buy other shares. The Wash rule only applies to losses. Now, you don't lose the loss, it is just attached to the basis of the new shares. It is "postponed" if you will.

Example if you bought 100 sh of AAPL at $10/sh and:

1) sold at $11 per share, the $100 gain is taxed immediately regardless of any other transaction

2) sold at $8 per share and didn't purchase any other shares within 30 days (prior to or after the sale), the $200 loss is allowable

3) sold at $8 per share and bought another 50 shares 5 days before at $9 per share. $100 of the $200 loss will be allowable. The other $100 will be added to the basis of the 50 shares which will now have a basis of ($9 x 50 + $100) = $550 or $11 per share. The wash rule applies share per share. When you sell the 50 shares, your basis is $11, not $9, so you don't lose the loss, it is postponed.

Answer 2

If you sell the repurchase stock--even within 30 days-- before year end you no longer have a wash sale issue and will use the losses and gains from both sales in calculating your net for the year. If you're still holding the repurchase stock at year end you have a wash sale issue and cannot deduct the loss from the first sale--it's carried over to the next year.

Answer 3

There are no "advantages" to the wash sale rule. It only applies to losses. Gains are always taxed.

Answer 4

Capital gain!