Is USO substantially identical to UCO?

[User123120]

If I sell USO ( hold more than 1 year) in my taxable account with a loss $5000, and buy UCO in my roth IRA on the same day, let's say both on April 1st, is this a wash sale? If this is a wash sale, can I buy back USO in my taxable account again within 30 days,., i.e. before April 30,   and then sell it again later, can I still add the loss from the first sale of USO to the cost basis of the second purchase of USO, and thus claim the loss when I sell USO second time on May 15?

[JohnB5677 · Accepted solution]

USO and UCO are both in the same Oil industry, but they would not result in a wash sale.  That would be like comparing Fedex and UPS.  They are separate securities.   

A wash sale occurs when an investor sells a security at a loss for tax benefits. The IRS instituted the wash sale rule to prevent taxpayers from abusing wash sales. Investors who sell and then repurchase the same security within 30 days cannot count any capital loss on the transaction against any capital gain.

To compensate for this, the cost basis of the newly acquired stock is increased by the amount of the loss.

Often the broker's software will help make this adjustment resulting from a WASH SALE, but yes you should keep track of the wash sales and you correctly stated how to calculate the adjustment.  

• To make this adjustment in the TurboTax software you would enter the transaction exactly as it show on the 1099-B.
• After entering the data there is a bar at the bottom of the screen that says "I'll enter additional info on my own." 
• Toward the bottom there is an option to "Correct The Cost Basis". 
• You can make the adjustment here.

[User123120]

Since USO is not substantially identical to UCO, if I don't buy USO again within 30 days,. i.e., before May 1st, I should be able to claim my USO loss $5000 completely in my tax return, right? 

[JohnB5677]

That would accurately be your total loss and you could use it to offset other gains,  But the maximum you can deduct in one year after offsets is $3,000.  Any balance will be carried over to next year.

[User123120]

Thank you for your clear explanation!