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5 Sept 2022

My investment advisor verbally advised me to liquidate the shares owned in my investment portfolio so I could invest the funds in a different investment product. The shares were liquidated, at a loss, during June.


For a valid reason it was ultimately not possible to invest the cash realised into the new investment product. As a consequence, I now have cash that I would like to re-invest ideally in shares.


Should the Australian Tax Office accuse me of conducting a "wash sale" by liquidating the asssets of the original portfolio are there steps I can take to demonstrate otherwise?


(Both the original portfolio and the proposed new portfolio are quite legitimate products and the investment advisor is a large and respected company.)


5,277 views
3 replies
5,277 views
3 replies

Most helpful response

Most helpful reply

CaroATO(Community Support)Community Support
7 Sept 2022

Hi @JohnBurrows,


I'm pleased to hear you've sought investment advice.


A wash sale involves selling and buying the same or similar shares within a short amount of time. An example would be June 15 sell shares and on July 30 purchase the same or similar shares. It doesn't sound like you've done this.


What you've done is simply sold shares for cash. There are lots of shares or products you can choose from to re-invest your money to avoid a wash sale.


We've a fantastic article on our website that talks about wash sales. Check it out!


Happy trading!

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Bruce4Tax(Taxicorn)Taxicorn
6 Sept 2022

Does not look like a wash sale to me.


Wash sale = selling today, then buying back the same shares within a short time.

End result is a capital loss with shares retained = not what you have done.


Most helpful reply

CaroATO(Community Support)Community Support
7 Sept 2022

Hi @JohnBurrows,


I'm pleased to hear you've sought investment advice.


A wash sale involves selling and buying the same or similar shares within a short amount of time. An example would be June 15 sell shares and on July 30 purchase the same or similar shares. It doesn't sound like you've done this.


What you've done is simply sold shares for cash. There are lots of shares or products you can choose from to re-invest your money to avoid a wash sale.


We've a fantastic article on our website that talks about wash sales. Check it out!


Happy trading!

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"Wash Sale" How do I avoid the accusation if sales were the result of bad advice | ATO Community