What Is a Superficial Loss?
| Concept |
Details |
| Definition |
Loss denied when same property repurchased within 30 days |
| Window |
30 days before to 30 days after sale |
| Total period |
61 days (30 + sale day + 30) |
| Affiliated persons |
You, spouse, corporation you control, trust |
| Effect |
Loss denied but added to cost base |
The 61-Day Window
Timeline
| Day |
Status |
| Day -30 to Day -1 |
Purchase creates superficial loss |
| Day 0 |
You sell at a loss |
| Day 1 to Day 30 |
Purchase creates superficial loss |
| Day 31+ |
Safe to repurchase |
Example
| Date |
Action |
Result |
| March 1 |
Sell XYZ at $10,000 loss |
— |
| March 15 |
Buy XYZ back |
Loss denied (superficial) |
| Wait until April 1 |
Buy XYZ |
Loss allowed |
Who Are “Affiliated Persons”?
| Affiliated Person |
Triggers Rule? |
| You |
Yes |
| Your spouse/common-law partner |
Yes |
| Corporation you control |
Yes |
| Trust you’re majority beneficiary of |
Yes |
| Your adult child |
No |
| Your parent |
No |
| Your RRSP |
Yes (special rules) |
| Your TFSA |
Yes |
TFSA and RRSP Complications
| Account |
If You Buy in Registered Account |
| TFSA |
Loss denied AND lost forever (not added to cost base) |
| RRSP |
Loss denied AND lost forever (not added to cost base) |
| Non-registered |
Loss denied but preserved in cost base |
Warning: Never sell in non-registered and buy in TFSA/RRSP within 30 days.
What Happens to the Denied Loss?
Non-Registered Account
| Scenario |
Treatment |
| Sell at $10,000 loss |
Loss initially denied |
| Repurchase same shares |
— |
| Cost base adjustment |
Loss added to new cost base |
| Future sale |
Effective loss recovered |
Example: Cost Base Adjustment
| Step |
Amount |
| Original purchase |
$50,000 |
| Sale price |
$40,000 |
| Loss (denied) |
$10,000 |
| Repurchase price |
$42,000 |
| Adjusted cost base |
$52,000 ($42,000 + $10,000) |
| Future sale at $55,000 |
Gain = $3,000 (not $13,000) |
The loss isn’t lost — it’s deferred.
Registered Account (Loss Is Permanent)
| Step |
Amount |
| Sell in non-registered |
$10,000 loss |
| Buy in TFSA within 30 days |
Loss denied |
| Added to TFSA cost base? |
No — loss gone forever |
What Is “Identical Property”?
Identical
| These Are Identical |
Examples |
| Same stock |
TD Bank → TD Bank |
| Same ETF |
XEQT → XEQT |
| Same mutual fund |
Same fund code |
NOT Identical (Safe Substitutes)
| Substitute Strategy |
Example |
| Different company, same sector |
Royal Bank → CIBC |
| Different ETF, similar exposure |
VCN → XIC |
| Different index |
S&P 500 ETF → Total US Market ETF |
| Different asset manager |
Vanguard → iShares |
Tax-Loss Harvesting Done Right
The Strategy
| Step |
Action |
| 1 |
Identify investment with unrealized loss |
| 2 |
Sell to realize loss |
| 3 |
Wait 31+ days, OR |
| 4 |
Buy similar (not identical) investment immediately |
| 5 |
Claim loss against capital gains |
Example: ETF Substitution
| Sell |
Buy Instead |
Both Track |
| VCN (Vanguard Canada) |
XIC (iShares Canada) |
S&P/TSX Composite |
| VUN (Vanguard US) |
XUU (iShares US) |
US Total Market |
| VIU (Vanguard Int’l) |
XEF (iShares Int’l) |
Developed Markets |
| VEE (Vanguard EM) |
XEC (iShares EM) |
Emerging Markets |
These are similar but NOT identical — superficial loss rule doesn’t apply.
Switch Back Later
| Timeline |
Action |
| Day 0 |
Sell VCN at loss |
| Day 0 |
Buy XIC (similar, not identical) |
| Day 31+ |
Sell XIC, buy VCN (if desired) |
| Result |
Loss claimed, back to original position |
Common Mistakes
Mistake 1: TFSA Purchase
| Action |
Result |
| Sell losers in non-registered |
— |
| Buy same in TFSA within 30 days |
Loss denied AND gone forever |
Mistake 2: Spouse Purchases
| Action |
Result |
| You sell at a loss |
— |
| Spouse buys same stock within 30 days |
Your loss denied |
Mistake 3: Dividend Reinvestment (DRIP)
| Action |
Result |
| Sell stock at loss |
— |
| DRIP buys more shares within 30 days |
Loss denied |
Solution: Disable DRIP before selling, or wait 31 days after last DRIP purchase.
Mistake 4: Buying Before Selling
| Action |
Result |
| Buy more shares March 1 |
— |
| Sell original at loss March 15 |
Loss denied (bought within prior 30 days) |
Record Keeping
| Document |
Why |
| Trade confirmations |
Prove sale and purchase dates |
| Account statements |
Show 31-day gap |
| Cost base calculations |
Track adjustments |
| Substitute purchases |
Document different securities |