Does a wash rule count if you sell a pos. with a loss then buy back in less than 30 days and turns to a gain?

if you buy it back within 30 days, you can't claim a loss. - you would have to use the original cost, not the second purchase costDoes a wash rule count if you sell a pos. with a loss then buy back in less than 30 days and turns to a gain?
The IRS forbids a taxpayer from claiming a loss on the sale of an investment if that same investment was purchased within 30 days before or after the sale date. The purpose of the rule is to discourage investors from selling at a loss just to get the tax benefit. You are subject to the 30 day wash rule and your gain will be wiped out by it.Does a wash rule count if you sell a pos. with a loss then buy back in less than 30 days and turns to a gain?
Yes. The sale at the loss is the one that counts.





You add the loss to the basis of the second position. When it's sold at a gain, you get your loss back.