Fidelity showing bogus(?) wash sale

Jan 03, 2020 Last reply: 6 years ago 5 Replies

I had several employee stock plan (ESPP) and restricted stock unit (RSU) events in the first half of 2019.


29 March 2019 - ESPP - Bought 127 sh @ $113.076/sh (FMV = $182.70/sh) - $8,8425 W-2 income


02 April 2019 - ESPP - Sold 127 sh @ $183.15/sh - Net proceeds = $23,524.79 - Unadjusted gain = $8,894.14 - Adjusted gain = $51.89


16 April 2019 - RSU - 13 sh distributed @ $182.64/sh
17 April 2019 - RSU - 28 sh distributed @ $182.56/sh
18 April 2019 - RSU - 31 sh distributed @ $181.94/sh


23 April 2019 - RSU - Sold 71 sh @ $182.4619 + 1 sh @ $182.4614



Looking at the lot details on Fidelity.com, they are saying that the sale on 23 April (specifically the sale of the 13 shares acquired on



16 April) was a wash sale. Their table shows a $0.25 gain (disallowed loss) that is added to the basis of the single share that was sold for $182.4614.

Does this make any sense at all? How can it be a wash sale if the position is completely liquidated? (I did not own any other shares of my employer until a second RSU distribution in October.)


Actually, it's a huge impact. I've already spent several hours trying to figure this out, and it's looking like I'll have to consider professional tax preparation to handle this $0.25 adjustment. I may well be out a few hundred dollars, because Fidelity happend to split a single order into two lots.

I'd love to simply ignore it, but Fidelity is presumably going to report it as a wash sale to the IRS.

I've search all over, and I've been unable to find a single example of a form showing a situation like this (a wash sale *and* the sale that recognizes the originally disallowed loss).

The instructions are, frankly, not clear. In particular, I've been unable to find any details on how I'm supposed to report the basis adjustment on the transaction that recognizes the originally disallowed loss.

I'm not (yet) using tax software. I always start with the forms themselves and use software (lately FreeTaxUSA) for sanity checking/ filing.

Regardless, the first trade (the lot with the disallowed loss) is straightforward enough. It's the "second trade" that is driving me crazy. The IRS instructions (and every web site that I can find) simply say that I should add the disallowed loss to the basis of the replacement security, but I can't find anything that tells me how to

*report* this on form 8949. To put it another way, how do I indicate that the basis of the replacement share has been adjusted?

I don't doubt that it's common. It makes the lack of any examples or clear instructions even more frustrating.

You don't have the 1099-B from Fidelity yet. Their trade confirmations don't necessarily show exactly what's going to be on the 1099-B. If they identified the wash sale I would expect them to make the corresponding basis adjustment on the 1099-B for the subsequent sale. Then all you have to do is enter what's on the 1099-B.

If the basis shown on the 1099-B does not include the adjustment for the previously disallowed loss, then the basis on the 1099-B is incorrect. When a 1099-B shows an incorrect basis, you use Code B on Form 8949 to adjust the basis. In the Form 8949 instructions, follow the instructions for code B to report the adjustment.

I didn't follow all the details of your situation. If you are talking about a 25-cent adjustment, it's going to disappear when everything gets rounded to whole dollars. And the IRS is not going to waste any time investigating a

25-cent discrepancy or a one-dollar discrepancy. So you shouldn't spend any time worrying about it either.

Bob Sandler

Interesting. I wasn't aware that brokers actually reported the adjusted basis. Looking at the "tax information" table on Fidelity's site, though, I can see where they've adjusted it. (I didn't notice before because of the small amount.)

Code B, huh? Seems like that would be simple enough for the IRS or one of the multitudinous blogs/articles that discuss the wash sale rule to note this little factoid.

Likely not, right up until they do.

Thanks for the clear information!

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