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Repurchase of Identical Security – Superficial Loss Rules

Question: “Can you please tell me how many days between the repurchase of an identical security must pass before I can claim the capital loss?”

If you dispose of investments and 30 days before or after the disposition, you, your spouse or an affiliated person, such as a corporation controlled by you and/or your spouse, purchase identical properties which continue to be held 30 days after the disposition, your capital losses will be denied.  The amount of the denied loss is added to the cost base of the identical properties purchased, so the loss will be taken into account and become deductible when the identical properties are ultimately disposed of.

It does not matter what type of security is purchased nor the market.  It only matters that the property is capita property.

Be aware that if you intend to transfer securities “in kind” to an RRSP, then the loss will be denied and lost.  Also note that a sale of a security outside of an RRSP and a subsequent repurchase of the same security inside an RRSP will also result in a denial of the loss.

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