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Year-End Tax Loss Harvesting for Small Business Owners

Written by Yarik Yarosh, CPA (US & Canada) September 5, 2026 · FL CPA license AC61704 · CPA Ontario

Tax loss harvesting is the strategy of selling investments that have declined in value to generate capital losses, which offset capital gains or up to $3,000 of ordinary income per year ($1,500 if married filing separately). For small business owners, this strategy is particularly valuable because many have capital gains from selling business assets, real estate, or investment positions, and the $3,000 ordinary income offset directly reduces the high-rate income from their trade or business. The wash sale rule under IRC 1091 prevents repurchasing the same or “substantially identical” security within 30 days before or after the sale; violating it disallows the loss. Unused capital losses carry forward indefinitely, making losses harvested in any year usable in future years.

✓Key takeaway

Tax loss harvesting basics:

How it works:

  1. Identify investments in your taxable brokerage account that have declined in value (unrealized losses)
  2. Sell those investments, realizing the loss
  3. The realized loss offsets capital gains dollar-for-dollar
  4. If losses exceed gains, up to $3,000 of the excess offsets ordinary income
  5. Any remaining excess carries forward to future years (indefinitely)
  6. Reinvest the proceeds into a similar (but not substantially identical) investment to maintain portfolio exposure

What it offsets:

  • Short-term capital gains (taxed at ordinary income rates, up to 37%): offset first
  • Long-term capital gains (taxed at 0%, 15%, or 20%): offset second
  • Up to $3,000 of ordinary income ($1,500 MFS): offset third
  • Excess: carries forward indefinitely

The wash sale rule (IRC 1091):

  • Can’t buy a “substantially identical” security within 30 days BEFORE or AFTER the sale
  • The 30-day window is both directions: 30 days before the sale AND 30 days after
  • Total exclusion period: 61 days (30 before + sale day + 30 after)
  • “Substantially identical” means the same stock, bond, or very similar ETF/fund
  • Buying a different company in the same sector is fine (sell Apple stock, buy Microsoft)
  • Buying a different index fund that tracks a different index is fine (sell S&P 500 ETF, buy total market ETF)

What’s NOT substantially identical (safe replacements):

  • Different index: S&P 500 ETF sold, buy Total Stock Market ETF (different index)
  • Different fund family: Vanguard S&P 500 sold, buy Fidelity S&P 500 (this IS substantially identical, not safe)
  • Different sector: Tech ETF sold, buy individual tech stocks (NOT substantially identical)
  • Bonds: sell a specific corporate bond, buy a different issuer’s bond (not identical)

When to harvest:

  • November-December (year-end tax planning)
  • After a market correction (positions with large unrealized losses)
  • When offsetting a known capital gain (asset sale, real estate, K-1 gain)
  • Any time a position has a meaningful unrealized loss and a suitable replacement exists

Retirement accounts:

  • Tax loss harvesting applies ONLY to taxable accounts (brokerage accounts)
  • Losses in IRAs, 401(k)s, and other tax-deferred accounts cannot be used
  • Buying the same stock in an IRA within 30 days of selling at a loss in a taxable account triggers the wash sale rule

How does a small business owner use tax loss harvesting?

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Cite this page

Yarik Yarosh, CPA. "Year-End Tax Loss Harvesting for Small Business Owners." Blue Cloud CPA, September 5, 2026. https://bluecloudcpa.com/guides/small-business-tax-loss-harvesting-strategy

This guide is general information, not tax advice for your specific situation. Which points apply, and how, depends on your facts.