Exchange-Traded Funds and the Wash Sale Loophole

Tax wash sale rules prohibit the recognition of capital losses when substantially identical securities are sold and immediately repurchased within short windows. This study examines whether institutional investors use exchange-traded funds (ETFs) to circumvent wash sale rules. Consistent with tax-motivated demand for ETFs, incumbent ETFs both create more shares and experience more trading volume upon the introduction of nearly identical ETFs, particularly when recent returns are negative. We show that tax-sensitive institutions’ investment in highly correlated ETFs has proliferated in recent years, exceeding a quarter of their assets under management. Furthermore, tax-sensitive institutions holding more ETFs are significantly more likely to engage in swapping nearly identical ETFs. This swapping behavior has become widespread, with tax-sensitive institutional investors swapping $417 billion of nearly identical ETFs since 2001. We estimate that tax-sensitive institutions realized more than $84 billion dollars in losses in highly correlated ETFs associated with the swapping activity since 2001. This paper was accepted by Shiva Rajgopal, accounting. Funding: The authors thank their institutions for financial support. M. Dambra thanks the Kenneth W. Colwell endowment for research support, C. M. C. Lee thanks the Kermit O. Hanson endowment for research support, and P. J. Quinn thanks PricewaterhouseCoopers for research support. Supplemental Material: The online appendix and data files are available at https://doi.org/10.1287/mnsc.2024.06944 .

Authors

Institutions

Publication Details

Journal
Management Science
Published
2026-04-03
DOI
https://doi.org/10.1287/mnsc.2024.06944
Primary Topic
Financial Markets and Investment Strategies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Exchange-Traded Funds and the Wash Sale Loophole

Phillip J. Quinn, Charles M.C. Lee, Michael Dambra
Management Science
Financial Markets and Investment Strategies
article

Exchange-Traded Funds and the Wash Sale Loophole

Phillip J. Quinn, Charles M.C. Lee, Michael Dambra
article en

Abstract

Tax wash sale rules prohibit the recognition of capital losses when substantially identical securities are sold and immediately repurchased within short windows. This study examines whether institutional investors use exchange-traded funds (ETFs) to circumvent wash sale rules. Consistent with tax-motivated demand for ETFs, incumbent ETFs both create more shares and experience more trading volume upon the introduction of nearly identical ETFs, particularly when recent returns are negative. We show that tax-sensitive institutions’ investment in highly correlated ETFs has proliferated in recent years, exceeding a quarter of their assets under management. Furthermore, tax-sensitive institutions holding more ETFs are significantly more likely to engage in swapping nearly identical ETFs. This swapping behavior has become widespread, with tax-sensitive institutional investors swapping $417 billion of nearly identical ETFs since 2001. We estimate that tax-sensitive institutions realized more than $84 billion dollars in losses in highly correlated ETFs associated with the swapping activity since 2001. This paper was accepted by Shiva Rajgopal, accounting. Funding: The authors thank their institutions for financial support. M. Dambra thanks the Kenneth W. Colwell endowment for research support, C. M. C. Lee thanks the Kermit O. Hanson endowment for research support, and P. J. Quinn thanks PricewaterhouseCoopers for research support. Supplemental Material: The online appendix and data files are available at https://doi.org/10.1287/mnsc.2024.06944 .

Management Science
University of Washington (US), University at Buffalo, State University of New York (US)
Openalex Percentile: Top 28%
Financial Markets and Investment Strategies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.