Locking in Capital Losses?

I bought and sold some stock in 2008 on which I made about $11,000 in short term capital gains. I also have some stocks that are not doing as well - if I sold them today I would have about a $3,000 short term capital loss.

My question is this: should I sell those losing stocks now and buy them back?

I think they are going rise again, so my intention was to hang onto them for a longer term. But it occurs to me that if I sell them now, I would have $3,000 in losses to help offset some of my $11,000 gain. And if I then turned around and used the proceeds from the sale to re- buy the same stocks (let's say I could get them at the same price), the only thing that would have changed would be the basis date for the stocks (for determining when they went from short-term to long-term), the basis value, and the fact that I can offset $3,000 of my gains. And, of course, there's the $20 in transaction fees, but let's just ignore this for the sake of this question. But everything else would be equal.

So is there any reason why I shouldn't lock in this $3,000 loss now? I realize that because the basis value of the stocks would be lower, then when I sell them in the future (if they do rise) I will end up with that $3,000 back as gains then - but I'm thinking that will be a long-term gain, taxable at a lower rate, and the $3,000 loss this year will offset my short-term gains at the higher rate. I'm thinking this would trade $3,000 of my short-term gains for $3,000 of later long- term gains.

Does this make sense?

========================================= MODERATOR'S COMMENT: The Wash Sale rule says if you sell at a loss, and within +/- 30 days buy substantially identical securities, you have a Wash Sale. The loss on a wash sale is disallowed, and the dissallowed loss is added to the basis of the replacement shares. So your scheme does not work at all unless you are willing to wait more than 30 days.

Reply to
MKR
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Maybe, maybe not. Before you do, read up on the "wash sale" rules in IRS Publication 550. You cannot do what it appears you contemplate doing and still recognize the loss on this year's return.

Reply to
Phil Marti

So you should 'double up' then wait 31 days and sell the higher cost shares at a loss. Of course you should only buy stocks that are going to rise, but you knew that. Point is, wash sale has the +/- window. You can double up first so you don't have to be out of the stock for 30 day.

Joe

Reply to
joetaxpayer

And if the stocks rise during the one month period when you cannot buy them back due to wash sale rules?

Reply to
PeterL

In this, the home of the brave, you can always buy them back, anytime, anyplace, anywhere. Just understand the Wash sale rules affect your ability to recognize losses.

Reply to
Arthur Kamlet

Ahhh... I sorta figured it wouldn't be that easy. I didn't know about the "wash sale" rules. Thanks to all who answered for helping me begin my education into the labyrinth of IRS rules about investing. I figured I would find some valuable insight here, and I was right.

Reply to
MKR

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