far, page-47

If you sold x amount and bought back a different amount of the same share at pretty much the same price then yes it would still be seen as a wash sale.

The ATO will simply ask why didn't you just sell less shares to begin with.

For traders however, where shares are not individual CGT assets but rather trading stock it is much harder to prove a wash sale due to the high volume of transactions as well as accounting for the trading stock using First In First Out methods.

At the end of the day anything you do to try avoid tax or create an artificial loss will have already been covered by the ATO because there would have been a million people who've tried the same thing. They will either haev a provision or legislation for it or it will fall under Part IVa tax fraud laws.

Your best bet is to ask your accountant to help you with a structure which will save you tax as opposed to you trying to dodge it.

Like BB said, ask your accountant to clarify but I am 100% sure this is the case as I have dealt with this before.

Ps this is not advice blah blah blah you know the rest.

Cheers

Scab