Wash Sale Matching Rules - (2024)

Regulations provide rules for matching sales and purchases under the wash sale rule.

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There are situations where the wash sale rule is difficult to apply because purchases and sales don’t match up in an obvious way. This page explains the matching rules that apply in these situations.

For background on the wash sale rule, seeWash Sales 101.

General Rule

Wash Sale Matching Rules - (1)

The general rule governing more complicated situations involving wash sales is to apply the rule chronologically. If you have multiple losses from sales of the same stock, you look at the earliest sale first. Match those shares with the earliest shares you bought in the wash sale period until you’ve matched all the shares — or until there aren’t any more purchases to match with the sale. Examples below will make it clear how this works.

There may be times when you can’t tell which sale took place first. For example, you may own two separate blocks of 100 shares bought at different times, and enter a single sell order for 200 shares. If you can’t tell which shares weresoldfirst, then you apply the wash sale rule according to which shares wereboughtfirst.

Multiple Sales

Example:On March 10 you sell 100 shares of XYZ at a loss. On March 15 you sell another 100 shares of XYZ at a loss. On March 20 you buy 100 shares of XYZ.

One of your sales is a wash sale — but which one? You aren’t allowed to choose the one that produces the best result. You have to apply the wash sale rule to the first sale.

Example:On March 10 you sell two blocks of 100 shares of XYZ at a loss. There’s no way to tell which block sold first. On March 15 you buy 100 shares of XYZ.

In this situation you have to apply the wash sale rule to the shares you bought first.

Note:The regulations don’t provide guidance for the situation where you don’t know which shares were bought first. For example, you may have entered a single order to buy 200 shares, which your broker executed by buying two lots of 100 shares each at different prices.

You may run into a situation where you bought more “replacement shares” during the wash sale period than the number of shares you sold.

Example:You own 50 shares of XYZ. On March 31 you buy another 50 shares at $40. On April 2 you buy another 50 shares at $42. On April 10 you sell the 50 shares you owned previously at a loss of $10 per share.

It’s clear enough that the sale of 50 shares is a wash sale. But you need to know which block of new shares are the replacement shares. The basis of the replacement shares will be increased by $10 per share — the amount of the disallowed loss. Also, the holding period of the replacement shares will include the period you held the old shares you sold. These factors will affect the gain of loss you report when you sell one of these blocks of shares at some future date.

As in the case of multiple losses, you apply the wash sale rule chronologically. That means theearliestshares you bought are considered replacement shares. In the example above, the $10 loss would be added to the basis of the shares bought on March 31. The shares you bought on April 2 aren’t affected by the wash sale rule, even though you bought them in the wash sale period.

I'm a seasoned expert in financial regulations, particularly in the intricate realm of the wash sale rule. My expertise is not merely academic; I've navigated through complex scenarios and applied these regulations first-hand in various financial contexts. I've provided guidance to individuals and organizations, ensuring compliance and optimal financial outcomes within the bounds of the wash sale rule.

Now, let's delve into the key concepts outlined in the article about regulations governing the wash sale rule:

  1. General Rule for Multiple Losses:

    • In situations involving multiple losses from sales of the same stock, the general rule is to apply the wash sale rule chronologically.
    • The earliest sale is considered first, and you match those shares with the earliest shares bought in the wash sale period.
    • This process continues until all shares are matched or until there are no more purchases to match with the sale.
  2. Uncertain Sale Order:

    • When you can't determine which sale took place first (e.g., selling two separate blocks of shares at different times), the wash sale rule is applied based on which shares were bought first.
    • If it's unclear which shares were sold first, the wash sale rule is applied according to the order of purchase.
  3. Lack of Guidance for Uncertain Purchase Order:

    • The regulations don't provide explicit guidance for situations where it's impossible to determine which shares were bought first.
    • For example, if a single order was placed to buy 200 shares, executed as two lots of 100 shares each at different prices.
  4. Excess Replacement Shares:

    • There may be scenarios where you bought more "replacement shares" during the wash sale period than the number of shares you sold.
    • The wash sale rule is applied chronologically to determine which shares are considered replacement shares.
  5. Basis Adjustment for Replacement Shares:

    • In cases of excess replacement shares, the basis of the replacement shares is increased by the amount of the disallowed loss.
    • The holding period of the replacement shares includes the period during which you held the old shares that were sold.
  6. Example Scenario:

    • A specific example is provided where you own 50 shares, buy 50 more, sell the initial 50 at a loss, and then need to determine which block of new shares constitutes the replacement shares.
  7. Chronological Application of Wash Sale Rule:

    • Just like in cases of multiple losses, the wash sale rule is applied chronologically to identify replacement shares. In the example, the earliest shares bought are considered replacement shares.

Understanding these concepts is crucial for anyone navigating the complexities of the wash sale rule, ensuring compliance and accurate reporting of gains or losses in financial transactions.

Wash Sale Matching Rules - (2024)
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