Tax Loss Selling – 2021
‘Tis the season for tax losses
To ensure you are efficiently planning for the 2021 year end, we recommend reviewing your investment positions before the end of 2021. If you have realized any capital gains from the sale of securities in non-registered accounts or from the sale of cryptocurrencies on account of capital, selling your ‘losing’ positions can offset some of the gains.
Selling loss positions allows you to realize that loss in your portfolio. This is called a capital loss. These losses are tax assets as they offset capital gains in your portfolio (capital gains can only be reduced by capital losses).
If you have realized gains in the last three years (the limit on carrying back capital losses to apply against capital gains), selling losing positions before the end of 2021 will allow you to carry back the loss to one of the previous three years, resulting in a refund on the tax paid relative to the losses carried back. If you have capital gains realized in 2018, this is the last year to carry back losses and get refunded some of the tax you paid on those gains. You can carry forward capital losses from prior years indefinitely.
If you have a portfolio with gains in any of the past three years, it may be beneficial to dump some of your ‘loser’ assets to reduce your taxes owing.
EXAMPLE 1 Cryptocurrency – Current year gains and current year losses
You have realized gains on the sale of some ETH of $50,000. If you currently hold a position in a crypto project that dropped in value in the year, let’s call it DOG (say from $60,000 at cost down to $10,000, its current fair market value), selling that position at a $50,000 loss will fully offset the $50,000 gain realized earlier in the year.
This is a simple example that would be advisable if you felt the losing position was a lost cause and wanted to exit the position regardless. Other considerations here would be gas fees to exit the losing position. If the offsetting loss were much less and the benefit would be lost to gas fees, it would not be worth it to exit the position.
EXAMPLE 2 Securities – Prior year gains and current year losses
You sold some shares of AAPL at a gain of $30,000 in 2019. You may want to speak with your investment advisor to see if your portfolio is “balanced” according to your risk tolerance and long-term plan. If it is not, they may recommend to exit certain positions, and any losses from the rebalancing can be carried back to 2019 to offset the gains in that year, resulting in a refund of the tax paid in 2019.
Superficial loss rules
If you were to attempt to crystallize losses by selling a security or cryptocurrency, but then want to reenter the position, you must wait 30 days from the sale to the next purchase, otherwise you will be caught by the superficial loss rules. If a superficial loss is reported, the loss will be denied for tax purposes and will be added to the cost basis of the new position, effectively negating any tax benefit until you exit the new position. These rules apply to assets repurchased within 30 days be any “affiliated person” (spouses/common law partners, corporations controlled by you or a spouse, or trusts in which you or your spouse are a beneficiary).
Losses from transferring securities to a registered account (RRSP, TFSA, etc) are denied under the Tax Act. If you wish to transfer an asset from a non-registered account to a registered one, it is best to sell the security and realize the loss in the non-registered account (allowing for the loss to be applied against gains), then waiting the 30 days to repurchase the asset in your registered account to avoid the superficial loss rules.
A position in a US security may be in a loss relative to the USD cost basis and the current USD fair market value, however depending on the exchange rate, the position could potentially be flipped into a gain position. Be sure to translate both the cost basis in CAD, and the expected proceeds in CAD to determine whether a US denominated security is truly in a loss position.
If you have losers in your portfolio and gains that have been realized, the settlement date of the sale of the losers must be before December 31, 2021 to fully realize the losses for tax purposes. If you have a portfolio with gains in any of the past three years, it may be beneficial to dump some of your ‘loser’ assets to reduce your taxes owing. It literally turns a loser into a tax asset. Something from nothing- that feels more like the holiday spirit.