I bought 1000sh of spy and sold it on 11/30/2013 with a loss $800. And I did the same thing on 12/15/2013 with a gain $500. Then i did not trade spy until 1/5/2014. should the $800 loss on 11/30/2013 still be considered wash sale disallowed for 2013 tax year? As far as I know, the wash sale should settle after 31 days. The trade was more than 31 days ago. Can anyone clarify it? Thanks a lot.
I am not a tax professional, so do your own due diligence regardless of what I say.
I am assuming each trade was 1000 shares (if not, then things change).
You have a loss of $800 on 11/30/2013 on 1000 shares (buy and sell).
You have a gain of $500 on 12/15/2013 on 1000 shares (buy and sell). Because you had a loss on 11/30/2013 and you traded within 30 days on 12/15/2013, you do not recognize the loss on 11/30/2013, but instead transfer the loss into the cost basis of 12/15/2013 (i.e., increase the cost basis). Therefore, you don't have a loss on 11/30/2013, but instead you have a loss on 12/15/2013 of $300 ($500-$800).
However, you trade again on 1/5/2014, which is within 30 days of the 12/15/2013 loss, so you cannot take the $300 loss on 12/15/2013. That $300 loss is transferred into the cost basis of your trade on 1/5/2014. So if you made $X dollars on 1/5/2014, your reported gain or loss would be $X-$300 and you would not be able to recognize the $300 loss on your 2013 taxes.
You can imagine that if you trade the same symbol repeatedly with different share counts that tracking all this information can quickly turn into a nightmare scenario. Good luck!