Are you taxed on stock losses? Essential Guide
Are you taxed on stock losses? Essential Guide
Quick answer: "are you taxed on stock losses" — No. You do not pay tax on a loss. Realized capital losses reduce taxable gains and may offset ordinary income up to limits; unused losses carry forward. Read on for definitions, reporting rules, wash-sale traps, examples, crypto notes, and a practical year-end checklist.
If you're Googling "are you taxed on stock losses" because you lost money in a taxable account, this article explains what happens for U.S. federal tax purposes, step by step. You will learn why a paper decline does not change your tax bill, when a sale creates a deductible loss, how short- and long-term losses work, the $3,000 annual ordinary-income offset, how wash sales can disallow a loss, what forms to file, and common strategies like tax-loss harvesting. The guidance below is designed for beginners but also covers technical reporting and planning considerations. As of January 2026, according to Benzinga, some investors are balancing tech exposure with income strategies (for example, covered-call ETFs like GPIX), and tax treatment of option or ETF income can add complexity to your capital gains/losses picture.
Key concepts and definitions
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Realized vs. unrealized loss: An unrealized loss (a "paper loss") exists when the market value of a stock is below your purchase price but you still hold the shares. A realized loss occurs when you sell or dispose of the asset for less than your adjusted basis — only realized losses are potentially tax-deductible.
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Capital asset: Most stocks, ETFs, mutual fund shares, and cryptocurrencies (in the U.S.) are capital assets. Losses on personal-use property (e.g., your car used for personal driving) are generally not deductible.
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Adjusted cost basis: Your cost basis equals what you paid for the asset (purchase price plus commissions or fees). Adjusted basis accounts for events like return of capital, wash-sale basis adjustments, and certain corporate actions.
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Taxable accounts vs. tax-advantaged accounts: Losses in taxable brokerage accounts can be recognized for tax purposes when realized. Losses inside tax-advantaged accounts (IRAs, 401(k)s) are generally not deductible and do not produce capital loss carryforwards.
Realized vs. unrealized losses
Only realized losses affect your federal tax return. If your holding has declined but you haven’t sold, you cannot claim that loss on your return. For tax year recognition, a sale must be completed by the trade date (settlement timing does not change the tax year) and is generally considered realized on the trade date; the year-end rule is that the sale must occur by December 31 of the tax year whose return you file.
Paper losses become realized losses when you sell or otherwise dispose of the position. Example: you bought 100 shares at $50 and the price dropped to $30. While you hold, your $2,000 paper loss is not deductible. If you sell at $30, you realize a $2,000 loss and it can be used to offset gains or up to $3,000 of ordinary income, subject to rules described later.
Short-term vs. long-term capital losses
Holding period matters. In the U.S.:
- Short-term: assets held one year or less (≤ 12 months) produce short-term gains or losses. Short-term gains are taxed at ordinary-income rates.
- Long-term: assets held more than one year (> 12 months) produce long-term gains or losses. Long-term gains are taxed at preferential long-term capital gains rates.
Losses are first categorized by holding period. When you have both short- and long-term gains and losses, the IRS requires you to net within each category and then net across categories according to a specific order: short-term losses offset short-term gains first; long-term losses offset long-term gains first; then net short-term and long-term results against each other.
Why this matters: long-term gains often have lower tax rates than ordinary income; using a short-term loss to offset a short-term gain reduces income taxed at higher ordinary rates, while a long-term loss to offset long-term gain reduces income taxed at preferential rates. Netting order determines which gains are neutralized first.
How capital losses affect your tax bill
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Netting process (summary):
- Step A: Net all short-term gains and losses to get a short-term net (gain or loss).
- Step B: Net all long-term gains and losses to get a long-term net (gain or loss).
- Step C: Net the short-term and long-term nets against each other to arrive at your overall capital gain or loss for the year.
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If the result is a net capital loss:
- You may use up to $3,000 of net capital loss to reduce ordinary income in the tax year ($1,500 if married filing separately).
- Any excess net capital loss above $3,000 can be carried forward indefinitely to future tax years, where it retains its character (short-term or long-term) and is used in the same netting sequence in future years.
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If the result is a net capital gain:
- Gains are taxed according to whether they are short-term or long-term after netting.
Practical point: "are you taxed on stock losses" — you are not taxed on losses; losses reduce potentially taxable income by offsetting gains and (to a limited extent) ordinary income.
Reporting capital gains and losses on your return
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Form 8949: Use Form 8949 to report individual sales and dispositions of capital assets. Each transaction includes date acquired, date sold, proceeds, cost basis, adjustments (e.g., wash-sale disallowed amounts), and gain or loss.
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Schedule D (Form 1040): Schedule D summarizes totals from Form 8949, shows net short-term and net long-term gains/losses, applies the $3,000 ordinary-income offset, and carries forward any excess losses.
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Broker reporting: Brokers provide Form 1099-B showing proceeds, cost basis (if reported), and whether gains/losses are short- or long-term. Reconcile your records to the 1099-B. Discrepancies or missing basis must be reported correctly on Form 8949.
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Basis adjustments: If you have corporate actions, return of capital, or disallowed wash-sale losses, you must adjust your basis accordingly. Brokers sometimes add wash-sale disallowed amounts to the replacement share basis — you must track this for future sales.
Filing notes: keep detailed records of purchase and sale dates, prices, dividends, and reinvestments. If your broker’s 1099-B omits basis for older lots, reconstruct basis from statements or contact the broker.
The wash sale rule
Definition: The wash sale rule disallows a loss deduction if you buy the same or a "substantially identical" security within 30 days before or after selling at a loss. The rule applies to purchases in any taxable account you control (including IRAs in some contexts), and purchases by your spouse or entities you control may also trigger the wash-sale rule.
Key points:
- The 61-day window: 30 days before sale + sale date + 30 days after sale = 61-day window where purchases can trigger the wash-sale.
- Disallowed loss treatment: If a loss is disallowed, the disallowed loss amount is added to the cost basis of the replacement shares. This defers the deduction until the replacement shares are sold (and not within another wash-sale window).
- Example: You buy 100 shares at $50 (basis = $5,000), sell at $30 (proceeds = $3,000), a $2,000 loss. If you repurchase 100 shares within 30 days at $32, the $2,000 loss is disallowed now and added to the $32 basis, giving an adjusted basis of $34 per share ($3,400). When you later sell those shares, the adjusted basis reduces the future gain or increases future loss accordingly.
Avoidance strategies:
- Wait 31+ days after the sale before repurchasing the same security to preserve the loss deduction.
- Buy a similar but not "substantially identical" security (for stocks, this might mean a different company or a sufficiently different ETF that targets a different index); if using ETFs, choose funds tracking different indices or use broad-market ETFs that aren’t substantially identical.
- Use tax-aware replacement investments (e.g., sector ETFs with different compositions) or cash-equivalent positions during the 31-day window.
Important: The IRS has not issued a bright-line definition of "substantially identical" for many instruments; equities in the same company are clearly identical, but the treatment of ETFs, options, or some derivatives may be ambiguous. When in doubt, consult a tax professional. If dealing with crypto, see the crypto section below — current IRS guidance is evolving on whether wash-sale rules apply to crypto.
Tax-loss harvesting and strategies
Tax-loss harvesting is selling losing positions in taxable accounts to realize losses that offset gains or reduce up to $3,000 of ordinary income in the current year. Key tactical considerations:
- Timing: Harvest near year-end to use losses in the current tax year. Beware of paying trading costs and short-term market moves.
- Replacement investments: To maintain market exposure while avoiding wash-sale rules, buy a similar but not substantially identical security (different ETF, sector fund, or a basket) or wait 31+ days to repurchase the same security. For example, replace S&P 500 ETF A with a different S&P 500 fund? That could be risky if deemed substantially identical; better to use a broad large-cap ETF tracking a different index or a diversified fund with overlapping exposure but not identical composition.
- Offset strategy: If you expect large taxable gains (e.g., selling concentrated stock), harvesting losses earlier in the year gives time to realize losses and rebalance.
- Rebalancing: Use harvesting opportunistically to rebalance your portfolio toward target allocations.
When harvesting is most beneficial:
- To offset realized capital gains from the same year (eliminating taxable gain now).
- If you expect to be in the same or higher tax bracket later, harvesting to carry losses forward can be helpful but is less urgent than offsetting current gains.
Costs and tradeoffs:
- Transaction costs, bid-ask spreads, and potential tracking error of replacement investments.
- Behavioral risk: selling winners and losers affects portfolio structure.
- Opportunity cost: realized loss may foreclose future recovery in that security, unless you repurchase after the wash-sale window.
Neutrality and compliance: This article does not provide investment advice. Consider tax and investment consequences before acting.
Special situations and exceptions
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Worthless securities: If a security becomes completely worthless during the tax year, the loss is treated as if it were sold on the last day of the tax year (reported as a capital loss). The year-of-worthlessness rule allows you to recognize the loss even though there is no sale.
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Losses inside tax-advantaged accounts: Losses within IRAs and 401(k)s are generally not deductible and do not produce capital loss carryforwards. In certain rare circumstances (e.g., theft of assets in an IRA under specific legal findings), different rules may apply — consult a tax professional.
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Business or investment activity vs. personal-use property: Losses from investment or business activities are treated under capital loss rules; losses from personal-use property generally are not deductible.
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Theft and casualty losses: Special rules apply — some casualty and theft losses may be deductible only in limited circumstances and often require itemizing and meeting thresholds; many personal casualty loss deductions were restricted by tax law changes in recent years.
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Mutual-fund distributions: Mutual funds often pass through capital gains to shareholders (capital gains distributions). These distributions are taxable in the year declared, even if you reinvest them; they can affect your net gains and losses.
Interaction with other taxes and rules
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Net Investment Income Tax (NIIT): If your modified adjusted gross income (MAGI) exceeds the NIIT threshold ($200,000 single, $250,000 married filing jointly, subject to future changes), net investment income may be subject to an additional 3.8% tax. Capital losses that reduce your net investment income can also reduce NIIT exposure.
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State taxes: State capital-gains and loss treatment vary. Some states follow federal rules closely; others diverge. If you have state tax exposure, check your state rules for capital-loss deductibility and carryforward treatment.
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Differential rates: Long-term capital gains receive preferential rates compared with ordinary income. Strategically matching loss types to the gains you want to offset can affect overall tax outcomes.
Reporting nuances and recordkeeping
Keep clear records for each lot: acquisition date, purchase price, reinvested dividends, partial sales, commissions, and any corporate action adjustments. Important items to track:
- Broker 1099-B statements and related year-end summaries.
- Trade confirmations and monthly statements to reconstruct historical basis when brokers lack reporting for older lots.
- Notes on wash-sale adjustments if your broker did not correctly adjust cost basis.
- Records of gifts and inheritances (basis rules differ: donor basis rules and step-up on inherited property).
Good recordkeeping simplifies accurate Form 8949 reporting and supports positions if the IRS questions your return.
Examples and sample calculations
Example 1 — Offsetting gains with losses:
- Short-term gain: $8,000
- Long-term gain: $2,000
- Short-term loss: $5,000
- Long-term loss: $4,000
Net short-term: $8,000 gain - $5,000 loss = $3,000 net short-term gain Net long-term: $2,000 gain - $4,000 loss = $2,000 net long-term loss Net overall: $3,000 short-term gain - $2,000 long-term loss = $1,000 net short-term gain Tax: you pay ordinary-income-rate tax on the $1,000 net short-term gain and pay long-term capital gains rates only to the extent you have net long-term gains (here you had none net).
Example 2 — $3,000 annual limit and carryforward:
- You have no gains this year and realize $12,000 net capital losses.
- You may deduct $3,000 against ordinary income this year.
- Carryforward: $12,000 - $3,000 = $9,000 carried forward to the next year(s). Carryforward preserves character and will be used in future netting.
Example 3 — Wash-sale and basis adjustment:
- Buy 100 shares at $50 (basis $5,000).
- Sell 100 shares at $30 on December 15 — realized $2,000 loss.
- On December 20, buy 100 replacement shares at $32.
Result: The $2,000 loss is disallowed by the wash-sale rule and added to the replacement share basis: new basis = $32 + ($2,000/100 shares) = $34 per share (adjusted basis $3,400). The disallowed deduction is deferred until you sell the replacement shares (and the wash-sale rule does not apply then).
Application to cryptocurrencies and other property
In the U.S., many cryptocurrencies are treated as property for capital-gains/losses purposes (similar to stocks), so realized gains and losses generally follow the same realized-loss rules. However, a notable open question: whether the wash-sale rule applies to crypto. As of early 2026, IRS guidance has been limited on applying wash-sale rules to crypto, and some taxpayers have treated trades as not subject to wash-sale rules due to crypto not being a security. Because guidance may evolve, consult a tax professional for crypto-specific planning.
General points for crypto:
- Realized losses are recognized when you dispose of crypto (sell for fiat, trade into another coin, or use as consideration) at less than your adjusted basis.
- Track cost basis per lot and record dates to determine short- vs. long-term status.
- Exchanges or wallets may not provide complete basis reporting; maintain your own records and prefer wallet solutions that allow exporting transaction histories — Bitget Wallet is a recommended option to manage on-chain holdings alongside exchange activity.
State and international differences
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State taxes: Each state sets its own rules for capital gains and losses. Many states conform to federal treatment, but some have different carryforward limits or do not allow the same ordinary-income offset. Verify state-specific rules.
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International: Other countries differ greatly. Some allow capital-loss offsets freely against ordinary income; others restrict offsets or treat capital losses differently. Non-U.S. residents should consult local law or an international tax expert.
Common mistakes and pitfalls
- Failing to realize losses before year-end — Remember sales must occur by December 31 to count in that tax year.
- Triggering wash-sale rules by repurchasing the same or substantially identical security within 30 days.
- Misreporting or omitting cost basis on Form 8949, especially for older lots where brokers lack basis reporting.
- Treating losses inside IRAs as deductible — they generally are not.
- Not carrying forward losses or failing to document carryforwards properly.
- Overlooking corporate action impacts (splits, mergers) that affect basis.
When to consult a tax professional
Seek professional help if you have:
- Large or complex losses, especially involving concentrated holdings or high-dollar trades.
- Cross-border tax issues or residency complications.
- Frequent tax-loss harvesting across many lots that raise complicated wash-sale tracking.
- Crypto, partnership, or trust-related losses with unclear reporting guidance.
- Broker 1099-B discrepancies that are difficult to reconcile.
A tax advisor or CPA can help with lot accounting (e.g., specific identification), carryforward tracking, state filing, and complex wash-sale scenarios.
References and further reading
- IRS Topic No. 409 — Capital Gains and Losses (check current IRS publications for updates)
- Form 8949 and Schedule D instructions (IRS)
- TurboTax: Capital gains and losses guides
- Investopedia: capital loss and wash-sale tutorials
- Vanguard and Fidelity: investor education on tax-loss harvesting
- Bankrate and Nolo: practical tax-loss and reporting guides
As of January 2026, according to Benzinga, covered-call ETFs (e.g., products that blend large-cap tech exposure with option premiums) are being used to generate income for investors who want tech exposure with reduced volatility. Tax considerations for option-premium income and ETF distributions may differ from standard dividends; consult the fund’s tax reporting and a tax professional when these products are in your taxable portfolio.
Appendix A: Glossary
- Adjusted basis: Original cost plus adjustments such as commissions, reinvestments, and disallowed wash-sale amounts.
- Realized/unrealized: Realized means the asset was sold or disposed; unrealized is an on-paper gain or loss in a held position.
- Wash sale: Rule disallowing a loss if replacement shares are bought within 30 days before or after a loss sale.
- Tax-loss harvesting: Selling investments at a loss to offset gains or reduce up to $3,000 of ordinary income.
- Carryforward: Unused capital losses that are carried into future tax years.
- Form 8949: IRS form used to list individual capital transactions.
- Schedule D: IRS summary form for reporting total capital gains/losses.
Appendix B: Quick checklist for year-end loss management
- Review realized gains for the year and identify losses that would offset them.
- Identify positions with unrealized losses you may want to harvest before year-end.
- Check purchase dates to avoid 30-day wash-sale windows around planned sales.
- Confirm broker 1099-Bs and reconcile cost basis for each lot.
- Record wash-sale adjustments and ensure basis is updated for replacement shares.
- Compute potential $3,000 ordinary-income offset and projected carryforward.
- If using crypto, export transaction history from your wallet (e.g., Bitget Wallet) and reconcile with exchange records.
- If in doubt about complex situations (options, partnerships, international holdings), consult a tax pro.
Practical closing and next steps
If you asked "are you taxed on stock losses" because you hold losing positions, remember the core: losses are not taxed — they reduce taxable gains and can reduce ordinary income by up to $3,000 yearly, with unused losses carrying forward indefinitely. Proper recordkeeping, awareness of the wash-sale rule, and timely year-end review are essential to capture these tax benefits.
Want to manage taxable positions alongside secure custody? Consider consolidating trading and wallet management with platforms that emphasize tax reporting and on-chain transparency — for example, use Bitget for trading and Bitget Wallet for managing on-chain assets and exporting histories for tax reporting. For complex tax or crypto wash-sale questions, get tailored advice from a CPA or tax attorney.
Further reading: check IRS Topic 409, Form 8949/Schedule D instructions, and trusted tax guides to keep your reporting accurate and tax-smart.
Note on sources and date: As of January 2026, according to Benzinga, covered-call ETFs such as some funds blending the Magnificent 7 companies have attracted attention for combining income with tech exposure; those products can introduce additional tax-reporting nuances. Also consult IRS official publications and major tax publishers (TurboTax, Vanguard, Fidelity, Investopedia) for authoritative guidance.



















