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Question: I sold some stocks recently that had gone down in price, not only to get rid of them, but also to declare a tax loss. Now it looks like one of them is going back up. I feel I should not have sold. Should I buy it back?

A BuyandHolder

Answer:

Dear BuyandHolder,

It all depends on the timing and how committed you are to declaring a tax loss. I recommend that you review this situation with your tax preparer. To help you do so, here are the relevant facts.

If you sell a stock that's gone down in price since you purchased it and then buy back shares of the same stock within 30 days of the sale, the IRS does not allow you to deduct your loss. This particular type of trade is officially known as a "wash sale."

In other words, the loss cannot be deducted in the year of the trade. The loss can only be declared when you sell the new, replacement shares.

In the eyes of the IRS, if you sold and bought back the same stock within 30 days, you did so only in order to claim a loss on your tax return -- and you did so without completely letting go of the stock. In other words, the IRS maintains that you're only pretending to sell the stock to get a tax break.

Here's an example of how this ruling works:

You bought a stock for $16,000. It drops in value to $10,000. You sell. Your loss is $6,000. The stock starts to go up in price. Fifteen days later you buy it back for $7,000. You cannot deduct your $6,000 loss because you sold and repurchased shares of the same company within a 30-day period. Your $6,000 loss is added to the $7,000 you paid for the new shares to determine the cost you must use to calculate any gain or loss when you sell the new shares. In this example that amount is $13,000.

Note: Although you did not mention it, I thought you should know that commodity futures contracts and foreign currency transactions are not subject to the wash sale rule.

Two Possible Solutions

There are several ways to handle this situation that will protect your portfolio and at the same time avoid a wash sale.

(1) Sell your stock and wait for 31 days and then buy the same security again.

(2) Sell your stock and within 30 days and buy stock in a different company but one that is in the same industry and that is starting to perform well.

Good luck and Happy New Year!

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