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promenade(Newbie)Newbie
16 July 2022

Hi there,


I believe I have transaction that might be classified as wash sales, so want to double-check that this is the right way to report it.



Example:


Original: 100 shares of X (Cost 5$ each)


Sold 100 shares of X on day 2 (Sold at 3$)


Bought another 70 shares of X on day 4 (Bought at 2$)


Sold the 70 shares of X on a later day (Sold at 1.5$)


My understanding is that the first sell of 100 shares will be classified as wash sale and cannot be classified as Capital loss.


So when I use the CGT record tool, should I be doing the following

  • Register the first sell as a sell of 30 units (instead of 100)
  • Carry the original loss of 70 units from the first sale and add it as the cost base of the second sell?

Is that correct? The ATO prefill automatically indicates that I sold 100 units in the first place, should I change it to 30 units?


Kind Regards,


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2 replies
341 views
2 replies

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Most helpful reply

KylieATO(Community Support)Community Support
25 July 2022

Hi @promenade,


No, the set of transactions that you have described would not be considered to fall within the description of wash sales. Check out the information in paragraph 2 in this ruling TR 2008/1 .


In your situation this set of transactions by itself does not meet the requirements for there to be a ‘wash sale’. A common situation for a wash sale would involve where your have shares, sell them, and immediately reacquire them and where you continue to have ownership of the same number of shares but now have a capital loss to offset against an existing capital gain for the current year.


The first sell of 100 shares will not be classified as a wash sale. There is no need to record any transaction as different to the actual amounts.


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KylieATO(Community Support)Community Support
21 July 2022

Hi @promenade,


We are going to check this one out with our technical team.

Most helpful reply

KylieATO(Community Support)Community Support
25 July 2022

Hi @promenade,


No, the set of transactions that you have described would not be considered to fall within the description of wash sales. Check out the information in paragraph 2 in this ruling TR 2008/1 .


In your situation this set of transactions by itself does not meet the requirements for there to be a ‘wash sale’. A common situation for a wash sale would involve where your have shares, sell them, and immediately reacquire them and where you continue to have ownership of the same number of shares but now have a capital loss to offset against an existing capital gain for the current year.


The first sell of 100 shares will not be classified as a wash sale. There is no need to record any transaction as different to the actual amounts.


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How to manage Wash Sale in CGT record tool | ATO Community