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David Bernstein's avatar

One of the stranger features of the wash-sale rule is how poorly the information can line up with the tax reporting system.

Suppose an investor sells a stock at a loss at Broker A and buys substantially identical shares within 30 days at Broker B. Both brokers may report their own transactions to the IRS, but the brokers generally are not responsible for matching transactions across separate accounts. The taxpayer still has to identify the wash sale and report the loss correctly.

It gets stranger. IRS Revenue Ruling 2008-5 says that a loss in a taxable account can also be disallowed if substantially identical securities are purchased in the investor’s **IRA or Roth IRA** during the wash-sale period—even though the IRA transaction is not naturally paired with the taxable sale on Form 1099-B.

This seems like an ideal job for AI. Give it transaction histories from the relevant brokerage and retirement accounts and let it do the tedious cross-account matching, flagging possible wash sales before the tax return is prepared. The taxpayer or accountant can then deal with the genuinely ambiguous cases.

The IRS rule is here: [Revenue Ruling 2008-5](https://www.irs.gov/pub/irs-drop/rr-08-05.pdf).

I understand why wash-sale rules exist. But expecting ordinary investors to manually reconcile taxable accounts at multiple brokers with transactions buried inside IRAs strikes me as, to use the technical Yiddish term, **meshuggeneh**.

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