SPY to ES emini - Tax - Wash sale rule

I started trading SPY earlier this year and lost substancial money. Then took a break, learned whetever I could and started again beginning Dec this year. I recovered most of the loss but I think I might be left with around 2 to 3K loss by end of this earlier.

Beginning 2009, I am planning to switch to ES e-mini. Both SPY and ES e-mini future contract are related to S&P 500. I want to know if wash sale rule will be applicable in this case ?

Will really appreciate your help..

Thanks,

Kumar
 
Quote from kumar0270:


Beginning 2009, I am planning to switch to ES e-mini. Both SPY and ES e-mini future contract are related to S&P 500. I want to know if wash sale rule will be applicable in this case ?

No.

SPY is an ETF. ETFs of ANY kind are treated as stocks for IRS purposes.

ES is a section 1256 (futures) contract.
 
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