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Wash Sale Loss Disallowed for 2022

I have imported all my 1099B statements and have a huge wash sale loss disallowed for tax 2022. So my tax bill is huge. I can defer this loss disallowed to tax year 2023.

 

Now I have to sell my some stock (long term holdings) to pay the tax bill. I think the wash sale loss disallowed can be used to offset long term gains on the stock I will sell for 2023. So if my loss was $10k and I sold $3k worth of long term gains then I would not need to pay taxes. Can you confirm?

 

Also I will use TurboTax next year. Will the software know to use my previous year's (2022) wash sales loss disallowed for 2023 capital gains and losses?

 

 

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1 Best answer

Accepted Solutions
JohnB5677
Expert Alumni

Wash Sale Loss Disallowed for 2022

I understand. My disallowed wash sale loss started in 2022 and still ongoing. Now in 2023, I will stop trading for 31 days to close out the wash sales. For tax year 2023, can I use the realized wash sales losses to offset any stock I am selling for capital gains (long term stock which I need to sell in 2023)?

  • Yes, A Wash sale is not a credit for losses, but rather is an increase in the basis, If you close the Wash Sale in 2023, the profit or loss will be based on the sale price and the adjusted Wash Sale Basis. 
  • Yes, you can use that loss against any Capital Gain realized in that year.
  • In addition to covering the gains, you can deduct an additional $3,000. Any excess will carry forward to subsequent years.

 

2nd question...  if I had 100k wash sale loss and only 10k gain and did not stop my wash sales then this loss is deferred to 2023. Then this means I have to pay taxes for 10k gain in 2022 (where I would not have if I had stopped my wash sales). Can anyone confirm?

  • You are correct.  If you have a $10k gain, regardless of if it was in the same stock or a different one, it will be taxed on your current tax return, and the Wash Sale will be deferred to next year.

For 2023, once my wash sales is stopped and recognized then 100k wash sales losses from previous year will show up on my 1099B. Then can the deferred wash sale losses can be used to offset capital gains for tax year 2023?

  • As stated above, The Wash Sale increases the basis of the stock, and will be reflected when you sell the stock.  Any loss incurred can be used to offset other gains.

 

If the deferred wash sale losses is more than capital gains, then is the difference used as capital carryover to tax year 2024?

  • That's correct.  The Capital Loss will carry to the next year.
  • An additional $3,000 will be allocated as a deduction in the current year.
  • Your Capital loss carryover will be:
    • Your total loss
    • Less Your gains for the year
    • If not depleted, you can get $3,000 or whatever is left.
    • The balance will carry forward.


 

 

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22 Replies
SantinoD
Expert Alumni

Wash Sale Loss Disallowed for 2022

The wash sale rule prevents you from deducting losses when you buy replacement stocks or securities (including contracts or options) within a 30-day period either before or after you sold substantially identical securities. The wash sale losses that were disallowed cannot be used to offset long term gains on the stock you sell in 2023. 

 

But any capital losses (not wash sales) that exceeded $3,000 can be carried over into the next year (2023 in your case). Before they can be carried over, however, the capital losses must first be used to offset any capital gains from the current year. 

 

Follow these instructions to ensure TurboTax reports the wash sales on Form 8949:

 

TurboTax Online

  1. Open or continue your return in TurboTax and search for wash sales
  2. Select the Jump to link at the top of the search results
  3. Answer Yes to Did you have investment income in 2022?
    • If you land on Your investment sales summary, select Add more sales
  4. On the OK, let's start with one investment type screen, select Stock, Bonds, Mutual Funds. Then select Continue
  5. From here, you can import or manually enter your 1099-B
  6. Answer the questions about your sales. Choose to enter sales One by one when asked
  7. On the Now, enter one sale on your 1099-B screen, enter your info. Check I have other boxes on my 1099-B to enter and enter the disallowed wash sale loss in box 1g
  8. Select Continue and answer any follow-up questions

If you are using TurboTax CD/Download, follow these steps: TurboTax CD/Download

Wash Sale Loss Disallowed for 2022

Hi,

 

My wash sales losses started in 2022 is still ongoing into 2023. I will stop trading for 31 days. When this happens, my wash sales losses is technically made in 2023, is this correct? Then the wash sales disallowed can be used to offset my long term gains stocks this year 2023, is this accurate to say?

 

My wash sale losses is the same stock as the one I want to sell for long term gains.  Do I need to stop trading for 31 days before selling?

Wash Sale Loss Disallowed for 2022

to realize the disallowed wash sale loss you have to sell the securities that you purchased that created the wash sale and then avoid another wash sale if there's a loss on this sale.   call your broker to get investment advice to avoid again triggering a wash sale. 

 

 

 

turbotax will not know that you sold those wash sale shares. It does not keep track.  however, your broker should and report it accordingly so when you import for the 2023 return that loss will be recognized. but see above because you can constantly create wash sale after wash sale by purchasing substantially identical securities during the wash sale period.  also, if you transfer to a different t broker, they will not track if a wash sale occurred between the two of them. that will be for you to determine and adjust the reporting accordingly. 

Wash Sale Loss Disallowed for 2022

@Mike9241

 

I understand. My disallowed wash sale loss started in 2022 and still ongoing. Now in 2023, I will stop trading for 31 days to close out the wash sales. For tax year 2023, can I use the realized wash sales losses to offset any stock I am selling for capital gains (long term stock which I need to sell in 2023) ?

Wash Sale Loss Disallowed for 2022

I haven't gotten a response yet, I thought the answer might be yes, that I can offset the wash sale losses recognized in 2023 with capital gains (made in the same year).

 

Can anyone comment or give feedback? Thanks in advance!

Wash Sale Loss Disallowed for 2022

 

2nd question...  if I had 100k wash sale loss and only 10k gain and did not stop my wash sales then this loss is deferred to 2023. Then this means I have to pay taxes for 10k gain in 2022 (where I would not have if I had stopped my wash sales). Can anyone confirm?

 

For 2023, once my wash sales is stopped and recognized then 100k wash sales losses from previous year will show up on my 1099B. Then can the deferred wash sale losses can be used to offset capital gains for tax year 2023?

 

If the deferred wash sale losses is more than capital gains then is the difference used as capital carryover to tax year 2024?

JohnB5677
Expert Alumni

Wash Sale Loss Disallowed for 2022

I understand. My disallowed wash sale loss started in 2022 and still ongoing. Now in 2023, I will stop trading for 31 days to close out the wash sales. For tax year 2023, can I use the realized wash sales losses to offset any stock I am selling for capital gains (long term stock which I need to sell in 2023)?

  • Yes, A Wash sale is not a credit for losses, but rather is an increase in the basis, If you close the Wash Sale in 2023, the profit or loss will be based on the sale price and the adjusted Wash Sale Basis. 
  • Yes, you can use that loss against any Capital Gain realized in that year.
  • In addition to covering the gains, you can deduct an additional $3,000. Any excess will carry forward to subsequent years.

 

2nd question...  if I had 100k wash sale loss and only 10k gain and did not stop my wash sales then this loss is deferred to 2023. Then this means I have to pay taxes for 10k gain in 2022 (where I would not have if I had stopped my wash sales). Can anyone confirm?

  • You are correct.  If you have a $10k gain, regardless of if it was in the same stock or a different one, it will be taxed on your current tax return, and the Wash Sale will be deferred to next year.

For 2023, once my wash sales is stopped and recognized then 100k wash sales losses from previous year will show up on my 1099B. Then can the deferred wash sale losses can be used to offset capital gains for tax year 2023?

  • As stated above, The Wash Sale increases the basis of the stock, and will be reflected when you sell the stock.  Any loss incurred can be used to offset other gains.

 

If the deferred wash sale losses is more than capital gains, then is the difference used as capital carryover to tax year 2024?

  • That's correct.  The Capital Loss will carry to the next year.
  • An additional $3,000 will be allocated as a deduction in the current year.
  • Your Capital loss carryover will be:
    • Your total loss
    • Less Your gains for the year
    • If not depleted, you can get $3,000 or whatever is left.
    • The balance will carry forward.


 

 

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Wash Sale Loss Disallowed for 2022

your question is simple so I don't know why this thread is so long.

 

when your wash sale denied loss is recovered (allowed) in 2023 , your total net capital gain is then less, or your net capital loss is more than it would otherwise be.

 

If you want to call that offsetting, you may.

There is nothing special for you or the software to do on your 2023 tax return.

your broker 2023 1099-B will have the adjustment.

 

@techie353 

Wash Sale Loss Disallowed for 2022

if you are planning to sell certain stocks,

the stock you sell must be exactly  the triggering shares that caused the wash sale in the first place.

Otherwise the disallowed loss, which is carried by the triggering shares won't help you..

you have to tell your broker ahead of time if you want to sell specific shares.

sometimes just setting Last In, First out, ahead of time, is sufficient but it depends on how much trading you did.

So, not so simple.

 

@techie353 

Wash Sale Loss Disallowed for 2022

" I think the wash sale loss disallowed can be used to offset long term gains on the stock I will sell for 2023"

 

basically, it's not going to happen if you sell only Long Term holdings.

the disallowed loss is not going to be released.

 

Simple.

 

@techie353 

smithpost
New Member

Wash Sale Loss Disallowed for 2022

I'm in the same boat. I didn't know anything about wash sales until I went to file taxes.

I started day trading last year and have continued to use the same methods, trading a single stock multiple times a day, which is generating tons of wash sales right up to today. On 12/30/2022 I had an actual $4700 loss for the year but after disallowed losses from wash sales my 1099 says I had a $6700 gain. So, I'm having to pay taxes on $11,400 that I didn't actually make. Which I'm okay with, as long as I can recoup that difference when I file next year. (I was surprised that there wasn't an easy way to reconcile the difference on this filing.)

 

Regardless, I have 3 questions:

1. Can I for sure use 2022's disallowed losses to offset this 2023's gains, and if so, do I have to actually stop trading that security for 30 days in order to do so?

2. If I plan to continue trading in a way that creates wash sales, would I be better off to file to change my accounting method to Mark to Market?

3. If I change to Mark to Market how do I then reconcile 2022's disallowed losses?

GeorgeM777
Expert Alumni

Wash Sale Loss Disallowed for 2022

Question 1 - Not unless you re-purchase the stock, the sale of which triggered the wash sale.  You are correct in that the losses from wash sales are disallowed.  However, they are not eliminated.  Rather, if you were to re-purchase the stock, your disallowed loss is added to your cost basis.  Thus, keep your records in the event your broker does not correctly capture your adjusted cost basis or you change brokers.  

 

The wash sale period is 30 days before, and 30 days after the sale of the security in question.  Thus, when you are trying to determine whether you have a wash sale, start with loss you realized when you sold a security.  Then, look to see if you purchased the same, or substantially same, security 30 days prior and 30 days after.  The wash sale rule includes options on securities.  It also applies across all accounts wherever situated. 

 

Question 2 - As you note, the wash sale rule does not apply to Traders who have made the mark-to-market election.  Under the MtM method of accounting, all security transactions result in ordinary gains or ordinary losses.  If you make the MtM election, take note of the fact that your gains will now be taxed as ordinary income, and you will also pay self-employment tax, i.e., Social Security and Medicare taxes.  However, your losses, because they will be ordinary, can offset ordinary income, such as wages, dividends, interest, etc.  

 

Whether you are better off under a MtM election is something you will have to decide.  You will probably need to establish a separate account for your MtM trading.  Combining MtM trading with other investments will make your reporting/accounting much more difficult.  

 

Question 3 - That is why you will likely need two separate accounts.  Your disallowed losses that were the result of wash sales were capital losses. Under MtM, because the wash sale rule does not apply, losses are characterized as ordinary.  In connection with MtM accounting, you will need to complete Form 3115 as well.  Form 3115 is lengthy, and while much of it may not apply to you, you should seek guidance from a tax professional to ensure that it has been properly completed. 

 

Another point to remember, TurboTax does not support--at least as of this date--the statement that you will need to include with your return if you elect MtM accounting. TurboTax can prepare Form 4797, but IRS instructions provide that you must attach a statement to your return which explains in greater detail all of your transactions.  On Form 4797, you will just be entering total gains and total losses.  The statement, much like Form 8949, will contain all of the details. 

 

@smithpost 

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Wash Sale Loss Disallowed for 2022

I went to the correct location in Turbo tax, entered my wash sale disallowed amount, but the system will not let the Code "1G" that is written on my tax form be entered into the box. I tried G alone and that didn't work. The box just lights up with a bright RED outline, indication something is wrong. Is this a TurboTax glitch?

Wash Sale Loss Disallowed for 2022

I cannot enter my wash sale code. How do you do it? I am in the right location. Is there a code I don't know about. the letter G came from my broker.

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