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Past Questions Main

Question: Can I deduct losses on my stocks?

A BuyandHolder

Answer:

Dear BuyandHolder,

Yes...you can trim your tax bill by selling losing stocks. The strategy is actually fairly simple.

You look over your portfolio and note those stocks that have fallen in price since you purchased them. Study each one carefully to determine if it may move up in price or continue to decline. Then, make a list of those that seem unlikely to recover.

When you sell your losers you generate tax losses than can offset any gains you've taken (or plan to take within the calendar year).

Capital losses are first used to offset capital gains. But what if it turns out at the end of the year there are no capital gains, or if you have more losses than gains? Well, the IRS, in an uncharacteristic ruling of kindness, allows you to deduct the loss against your other income -- up to $3,000 in one year. If your capital loss is more than the $3,000 cap, you can carry any amount of that loss into the next year.

Caution: To claim a loss on your tax return, you cannot buy back a security for at least 31 days. So don't think you can sell your losers, take the loss on your tax return and then immediately buy back those same shares.

Under the wash sale rules, if you sell a stock for a loss and buy it back within the 30-day period before or after the loss-sale date, the loss cannot be claimed for tax purposes.

A word of advice...

If this is all new to you, I recommend that you check with your accountant or tax preparer. Once he/she walks you through the process, you'll find it's not as complicated as it sounds. What is more complicated, of course, is determining which stocks may be true losers!

Capital Gains

While we're on the topic of gains and losses, I want to remind you of the advantage of holding securities long-term, that is, for at least a year and a day. If you sell after a year and a day, you're entitled to the favorable capital gain rate. Usually, that rate is 15% or, if the gain falls in a tax bracket below 25%, then it's only 5%. (There are some exceptions for certain types of assets.)

On the other hand, if you sell a security before a year and a day has passed, this is considered a short-term sale and you'll be taxed at your regular tax rate, which could be as high as 35%. (For 2005, the tax rates are: 10%, 15%, 25%, 28%, 33% or 35%.)

Good luck!

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