Tax Field Guide

← Strategy library

Gains & Business Sales

Tax-Loss Harvesting

Overview

Sell investments at a loss to offset gains, subject to the wash-sale rules.

IRS scrutiny

Widely used and generally accepted when the rules are followed.

Rules, risks and sources

Key risks

Wash-sale rules disallow a loss when substantially identical securities are bought within 30 days before or after the sale. Treasury and the IRS flagged certain 'tax-aware' fund strategies and ETF '§351 conversion' transactions as potentially abusive (Notice 2026-62) and ruled that a planned §351 ETF conversion is a taxable exchange (Rev. Rul. 2026-20); the notice says ordinary year-end loss harvesting in a directly held index portfolio is a long-standing technique.

Primary sources

Facts checked 2026-10-20.

Sponsors that offer this strategy

None listed yet.

Advisors who offer this strategy