Turning Fund Losses Into Tax Savings

By Richard Moroney, editor
Dow Theory Forecasts

       For the first time since 1941, stock investors face the prospect of three consecutive down years. For fund investors, one silver lining is that Internal Revenue Service wash-sale rules allow you to record a taxable loss and upgrade to a better fund while keeping your asset mix intact.
       A wash sale occurs when you sell a stock or fund at a loss and buy it back within 30 days. You cannot book a loss for tax purposes in a wash sale. However, you can book a loss if you sell your shares and wait 31 days before investing in the same security again. But that means you have to sit on the sidelines for a month an eternity if markets are rebounding.
       IRS rules allow fund investors to dump losers and immediately use sale proceeds to purchase shares in a similar but not "substantially identical" fund and still use the losses for tax purposes. So long as you do not buy the exact same fund or another class of the same fund, you are probably entitled to the tax break. Moreover, your portfolio mix has not changed. Not a bad deal.
       For example, say you bought Fidelity Magellan at the start of the year and want to sell, but don't want to miss a rally in the large-cap growth stocks that dominate the fund's portfolio. Simply sell Magellan and buy another large-cap growth fund on the same day.
       Be aware of two potential pitfalls. First, if you plan to switch to another fund, make sure the replacement is not poised to pay a capital-gains distribution. While few funds will be distributing big gains this year, it pays to check. Many fund companies provide in November their estimates of distributions slated for December, the most common month for payouts.
       Second, to qualify for the complete taxable loss, there should be no reinvestment of dividends or capital gains in the 30 days leading up to a sale, nor should there be any reinvestments within 30 days after the sale date (if you are selling just a portion of your holdings). If this rule is violated, your taxable loss will be disallowed by the amount of your reinvestment.
       Selling at a loss can lighten your tax burden. Investors can use losses to offset all capital gains recorded in a year. After that, any excess may be deducted from ordinary income, up to a maximum of $3,000. For example, if you bought $25,000 worth of Fidelity Magellan at the start of the year and dumped it now, your loss would be roughly $5,400. Assuming you had no capital gains during the year, $3,000 of the loss could be deducted on your 2002 tax return, with the remainder carried forward. There is no limit on how long you can carry capital losses.
       As with most tax matters, it is better to be safe than sorry. So check with your tax preparer about wash sales and deducting capital losses. Or read IRS publication 550, Investment Income and Expenses (Including Capital Gains and Losses), available at www.irs.ustreas.gov.
       Editor's Note: Richard Moroney is editor of Dow Theory Forecasts, 7412 Calumet Ave., Hammond, IN 46324. 1 year, 52 issues, $259. Visit the web site at www.dowtheory.com.

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