If you sell a stock at a loss and buy it back within 30 days, you can’t take the tax loss. But what it the repurchase is made within your IRA or other tax-deferred retirement plan?

Some tax pros say that you can take the loss. There is nothing in the tax code that says such a maneuver would violate the “wash sale” rules.

Other pros take an opposite view. Your IRA is a related party, they contend, and the IRS likely would disallow a loss if you immediately repurchased the same stock in your IRA, just as the IRS would disallow the loss if your spouse bought the stock.

Which side has the better argument? That’s hard to know. However, if you’re interested in this tactic, check first with your own tax advisor.

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