The law › Title 26, Internal Revenue Code › Chapter 1

26 U.S.C. 1091: Loss from wash sales of stock or securities

Created in 1976 by Public Law 94-455. Changed by 4 later laws. 1 bill in this Congress would change it.

How it got hereLaws that created or changed it, newest first

2002Job Creation and Worker Assistance Act of 2002

2000Consolidated Appropriations Act, 2001

1988Pub. L. 100-647

1984Pub. L. 98-369

1976Pub. L. 94-455created it

26 U.S.C. 1091Loss from wash sales of stock or securities

The section as a wholechanged

(a)Disallowance of loss deductionchanged

(b)Stock acquired less than stock sold

(c)Stock acquired not less than stock sold

(d)Unadjusted basis in case of wash sale of stock

(e)Certain short sales of stock or securities and securities futures contracts to sell

(f)Cash settlement

(g)Newnew

This CongressBills that change it or would

H.R. 10357Digital Asset Tax Certainty Actintroduced

past change
enacted this Congress
proposed

This Congress

H.R. 10357 Digital Asset Tax Certainty Act · introduced · would change (a), (g)

How it got here

2002

Pub. L. 107–147 substituted "securities and securities futures contracts to sell" for "securities" in heading, inserted "(or the sale, exchange, or termination of a securities futures contract to sell)" after "closing of a short sale of" in introductory provisions and "(or securities f… (Job Creation and Worker Assistance Act of 2002) Law text · (e)

2000

Pub. L. 106–554 added subsec. (f). (Consolidated Appropriations Act, 2001) Law text · (f)

1988

Pub. L. 100–647 inserted sentence at end defining "stock or securities". · (a)

1984

Pub. L. 98–369, §106(b), substituted "no deduction shall be allowed under section 165 unless the taxpayer is a dealer in stock or securities and the loss is sustained in a transaction made in the ordinary course of such business" for "no deduction for the loss shall be allowed under se… · (a)
Pub. L. 98–369, §106(a), added subsec. (e). · (e)

1976

Pub. L. 94–455 struck out "or his delegate" after "Secretary" wherever appearing.

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.