What the Wash Sale Rule Prohibits
The wash sale rule (IRC Section 1091) disallows a loss deduction when you sell a security at a loss and acquire a 'substantially identical' security within 30 days before or after the sale. The disallowed loss is not permanently lost — it is added to the cost basis of the repurchased security. However, this delays the deduction potentially for years.
Wash sale rule trigger examples
| Action | Wash Sale Triggered? | Explanation |
|---|---|---|
| Sell VOO (Vanguard S&P 500 ETF) at loss, buy SPY (iShares S&P 500 ETF) same day | Likely yes | Same index = substantially identical |
| Sell VOO at loss, buy VTI (Vanguard Total Market) same day | No | Different index, different holdings |
| Sell Apple stock at loss, buy Apple stock 25 days later | Yes | Same security within 30-day window |
| Sell Apple stock at loss, buy Apple stock 35 days later | No | Outside the 30-day window |
| Sell bond fund at loss, buy similar bond fund from different provider | Depends | If bond funds track same index: likely yes |
| Sell stock at loss, buy call options on same stock | Yes | Options on substantially identical security trigger rule |
What Counts as 'Substantially Identical'?
The IRS has not provided comprehensive guidance on exactly what is substantially identical beyond individual stocks. For mutual funds and ETFs, general guidance: funds tracking the exact same index are likely substantially identical. Funds tracking different indexes of similar asset classes (S&P 500 vs total market) are generally not substantially identical. Different companies' funds tracking different indexes in the same category are the safest replacement choices.
- Identical securities: Same fund, same company, same share class — always a wash sale
- Different providers, same index: VOO and IVV both track S&P 500 — likely substantially identical
- Different index, same category: S&P 500 fund for total US market fund — generally not
- Individual stock for sector ETF: Not substantially identical in most cases
- Mutual fund for its ETF share class: Likely substantially identical
- Short position for long position: Complex — consult a tax professional
If you sell shares of a fund at a loss and your account automatically reinvests dividends from that fund within 30 days before or after the sale, the reinvestment triggers the wash sale rule. Disable automatic dividend reinvestment before harvesting losses from any fund, or switch dividends to a different fund temporarily.
The IRA Wash Sale Trap
If you sell a security in a taxable account at a loss and repurchase substantially identical securities in an IRA within the 30-day window, the wash sale rule applies — and the loss is permanently disallowed (not just deferred). Unlike a taxable repurchase where the loss is added to the new basis, an IRA purchase creates no mechanism to recover the disallowed loss. This is the most costly wash sale trap.
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