Minds → Tax → How are capital gains taxed: short-term vs long-term rates and the wash-sale rule? Cite only eCFR (www.ecfr.gov) or U.S. Code sources, never irs.gov. Answer in under 100 words.
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How are capital gains taxed: short-term vs long-term rates and the wash-sale rule? Cite only eCFR (www.ecfr.gov) or U.S. Code sources, never irs.gov. Answer in under 100 words.

Under 26 CFR §1.1222-1, short-term capital gains arise from assets held 1 year or less, and long-term gains from assets held more than 1 year. The wash-sale rule (26 U.S.C. §1091) disallows loss deductions if substantially identical securities are purchased within 61 days of the sale.
Last verified: 2026-08-26 · Sources checked: 2/2 resolving · Next scheduled review: 2026-11-24

Short-Term vs Long-Term Capital Gains

The term short-term applies to gains and losses from the sale or exchange of capital assets held for 1 year (or less), while long-term applies to assets held for more than 1 year. See 26 CFR §1.1222-1(a). Gains and losses must be segregated into these two categories for tax reporting.

Wash-Sale Rule

Under 26 U.S.C. §1091, no loss deduction is allowed on the sale of stock or securities if, within a 61‑day period (30 days before to 30 days after the sale), the taxpayer acquires substantially identical stock or securities. The rule does not apply to losses incurred in a trade or business (for non‑corporate taxpayers) or to dealers in the ordinary course of business.

Sources

  1. [1]U.S. National Archives, Electronic Code of Federal Regulations — 26 CFR 1.1222-1 — Other terms relating to capital gains and losses · as of 2026-08-26
  2. [2]Cornell Law School, Legal Information Institute (26 USC) — 26 U.S. Code Section 1091 — Loss from Wash Sales of Stock or Securities · as of 2026-08-26

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