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The law applies the same to residents and non-residents alike. Again, in my article I explain that Uncle Sammy does not want to you claim a tax loss on your tax return, but retain the same economic interest in the shares for the future. In your example, you would have a $1,000 loss that would reduce your US taxes, BUT you would still be holding the very same shares of stock. So you actually have no ecnonmic risk but you have generated a tax loss. Uncle Sammy doesn't like that.

BUT.....i now have a lower cost base so if the stock rises back up and i sell i now have a gain to report -
if i sell the stock at the original sell price then my new gain exactly offset the "wash" loss.....?
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