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Thứ Hai, 23 tháng 5, 2011

Understanding Wash Sales Rules When Reporting To The IRS

By John Corder


For people who buy and sell securities every day, the IRS rules regarding wash sales can be complicated. Not complying with those rules is very risky. Less experienced investors may be unfamiliar with the term wash sales. These transactions happen when someone sells securities at a loss and then, within 30 days, buys them back, or buys very similar securities.

It may be helpful to give an example of this type of transaction. John Doe owns ten thousand shares of Smith and Company which he sells on January twelfth for a loss of five thousand dollars. He turns around on January twentieth and repurchases ten thousand shares which he sells for a profit of ten thousand dollars.

Mr. Doe may think he can take a tax deduction on the five thousand dollar loss he suffered in the first transaction. This will offset the taxes he will be required to pay on the profit he reaped in the second transaction.

The IRS says no. Since Mr. Doe repurchased the same securities within thirty days of the first sale, the IRS will tax him on the entire ten thousand dollar profit. Mr. Doe's position in the security never really changed in the eyes of the IRS.

Although people buy and sell shares all the time and often deduct any losses they suffer, there is a thirty day rule. It is against the law to deduct losses for these transactions. You cannot deduct losses that occur when you sell shares in a company and then repurchase them, or similar ones, within 30 days.

Trying to get around tax laws is dangerous business. The IRS has strict rules when it comes to wash sales, and they enforce those rules. Investors should be very careful to comply.




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