Wash sales does not apply to ETFs?

Can anyone verify if this still works, I know it did a number of years ago.

The idea is suppose you have a few positions you wish to 'wash'. In December, you exit the position while entering into a synthetic forward such that your tenor is greater than 30 days.

You'll end up taking a hit on transaction costs, any potential slippage, as well as carry.
 
A wash sale is only if you have to carry a loss into the new year because you didn't wait 30 days. Get flat on your POTENTIAL wash sale instruments some time in December, DON'T trade those instruments for 30 days into January and then there is no loss to carry forward. During January through November, you can generate all the potential wash sales you want without ever having to show tedious carry forward losses on your tax form because they're never realized wash sales.

If you're supporting your lifestyle with market gains on a daily basis then sticking with Section 1256 instruments saves you 6K-8K in taxes per 100K in gains vs. the alternative. Just shut down any non-Section 1256 trading instruments every December and you're golden. Wash sales never exist doing this and you save a bundle in unnecessary taxes.

I can't say how frustrate I am.
The rule you are pointing out I believe it is correct.
This is what I always knew but I am fricking out because so few seems to know it.
Your statement, Steve, is actually also in the spirit of the law.
Wander if IRS might know his own laws.
Do you think this rule ( I had a wash sale back in October 2013 ) is still valid?
Thank You so much.
Gio
 
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