Quote from foible:
Going "short against the box" is illegal with equities because it is a form of tax fraud. The long position in the box would be held for more than 6 months and so would get a more favourable tax status, but by shorting the stock in another account (or purchasing a put), you have effectively sold. You may also be trying to defer the sale into another year if it will place you in a better tax bracket.
Because of the shorter terms on futures contracts, is this even an issue with futures?
Sorry, i dont understand the thing with tax & "wash sale". maybe my english ist to bad...? The "wash trade" 2.) definition a undrstand, but not the "wash sale".Quote from jimrockford:
The wash sale rule and other rules aim to prevent such strategies from obtaining a more favorable holding period or other tax advantage. Tax laws do not limit trading; they instead control how taxes are computed based on whatever trades have been done.
Quote from jimrockford:
Two "wash" definitions:
1.) A "wash sale", as defined by U.S. tax law, is the sale of a security within 30 days before or after the purchase of a substantially similar security. A "wash sale" is not illegal, though it does often receive a different tax treatment from other sales.
2.) A "wash trade", on the other hand, is a trade of shares in a security, in which the same party takes both sides of the trade.
Quote from irs.gov: 1. Example
You buy 100 shares of X stock for $1,000. You sell these shares for $750 and within 30 days from the sale you buy 100 shares of the same stock for $800. Because you bought substantially identical stock, you cannot deduct your loss of $250 on the sale. However, you add the disallowed loss of $250 to the cost of the new stock, $800, to obtain your basis in the new stock, which is $1,050.
http://www.irs.gov/publications/p550/ch04.html#d0e12561