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The Global Insight

Is there a penalty for a wash sale?

Author

Mia Phillips

Updated on March 12, 2026

The Wash-Sale Rule states that, if an investment is sold at a loss and then repurchased within 30 days, the initial loss cannot be claimed for tax purposes. In order to comply with the Wash-Sale Rule, investors must therefore wait at least 31 days before repurchasing the same investment.

How do you avoid a wash sale penalty?

If you own an individual stock that experienced a loss, you can avoid a wash sale by making an additional purchase of the stock and then waiting 31 days to sell those shares that have a loss.

Is the wash sale rule bad?

Wash sales, per se, are not bad, they are simply easier to manage when all relevant transactions occur in a single account. The problems arise when something is sold at a loss in a taxable account, then repurchased again in a different account within 30 days.

Do wash sales apply to gains?

The Wash Sale Rule does NOT apply to profits or gains of a sale. Only losses. Though you may incur losses, that loss is allowed to be applied to the future purchase of the shares to bring up your cost basis, regardless of the 30 day window.

Is there a way to avoid a wash sale?

Avoid a wash sale. The wash-sale rule prohibits selling an investment for a loss and replacing it with the same or a “substantially identical” investment 30 days before or after the sale. If you do have a wash sale, the IRS will not allow you to write off the investment loss which could make your taxes for the year higher than you hoped.

What do you need to know about wash sale rule?

The wash-sale rule keeps investors from selling at a loss, buying the same (or “substantially identical”) investment back within a 61-day window, and claiming the tax benefit. It applies to most of the investments you could hold in a typical brokerage account or IRA, including stocks, bonds, mutual funds, exchange-traded funds (ETFs), and options.

How to avoid violating wash sale rules when realizing tax losses?

When recognizing tax losses, you do have to be careful that you do not trigger a wash sale. A wash sale is when an investment is sold at a loss and the same or a “substantially identical” investment is purchased either 30 calendar days before or after the sale.

Can you deduct the loss on a wash sale?

The wash sale rule states you can’t deduct losses from stock or security trades or sales unless the loss happened in the ordinary course of business as a dealer in stock or securities.