The Wash Sale Rule: What It Is and How to Avoid It

This content has been reviewed and edited by an Investment Advisor Representative working for Global Predictions, an SEC-registered Investment Advisor.

We’ve seen it happen: a simple mistake with the wash sale rule can cost investors thousands in delayed tax savings. This rule might seem tricky at first, but with this article and a bit of planning, you can avoid common missteps and keep your portfolio working as efficiently as possible. If you’re thinking about tax-loss harvesting in your own portfolio, this article is worth the read.

What Is the Wash Sale Rule?

At its core, the wash sale rule prevents investors from selling a security at a loss, claiming that loss for tax purposes, and then immediately buying the same (or a "substantially identical") security back. If you do this within 30 days before or after selling, the IRS does not allow you to claim the tax loss.

If you perform a “wash sale”, instead of letting you use the loss immediately, the IRS adds it to the cost basis of the replacement security. While you don’t lose the deduction permanently, you delay the immediate tax benefit you may have been expecting.

Why Does the Rule Exist?

The IRS established this rule to ensure tax-loss harvesting reflects real portfolio adjustments—not just attempts to create "paper losses" for tax purposes. If you sell and repurchase too quickly, your financial position hasn’t truly changed.

How to Know If You’re Affected

You don’t want to unintentionally trigger the wash sale rule. Here’s some scenarios where it applies:

• You buy back the same security within 30 days of selling it.
• You purchase a substantially identical security that tracks the exact same index.
• You use an automatic dividend reinvestment plan (DRIP) to acquire new shares.

Important to know: The rule applies across all accounts you control, including joint accounts with a spouse. Coordinating trades and disabling automatic purchases is essential to avoiding violations.

Avoiding the Wash Sale Rule: Hypothetical Scenario

Imagine you own 100 shares of a stock you bought at $50 each, but now they’re worth $40. You decide to sell, expecting to claim a $1,000 tax loss. But, if you buy back the same stock (or a similar one) within 30 days—whether intentionally or accidentally through a DRIP—the wash sale rule kicks in, and you lose the ability to use that loss this year.

Instead, what you could do is reinvest the proceeds from the sale in a different asset, like a related stock or ETF in the same sector. This way, you stay invested, avoid the wash sale rule, position yourself for potential future gains—and you get to book the tax loss as a tax credit.

Practical tip: Tools like PortfolioPilot.com can help you identify securities with similar exposure that could comply with the wash sale rule.

How to Avoid the Wash Sale Rule

Here are some strategies we think can help you stay compliant:

1. Wait 31 Days Before Rebuying: If you’re confident about the stock’s long-term potential, be patient. Sell, wait 31 days, and then repurchase.
2. Buy a Similar but Not Identical Security: For example, if you sell an S&P 500 ETF (e.g. SPY, VOO), consider buying a total market ETF (e.g. VTI) or large cap ETF (e.g. VV). This way, you stay invested without violating the rule.
3. Turn Off Dividend Reinvestment Plans (DRIPs): These automatic purchases can trigger the rule without you realizing it. Temporarily disabling DRIPs is a small step that avoids mistakes.
4. Use Technology to Monitor Your Portfolio: using tools can simplify this process by analyzing securities for you and finding alternatives that maintain your portfolio’s exposure.

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