Scenario:I hold TSE shares and currently sitting on a loss. If I...

Scenario:

I hold TSE shares and currently sitting on a loss. If I sell them tomorrow and buy them back on the same day for the same price - it will then be called a wash trade - yes/ no? Will tax man get upset?

If he does- how about this.

Sell TSE shares at a loss and buy a stock with similar prospects that has also been hammered over the last year. Is this seen as a wash trade? - I'm hoping that mr tax man will be okay with scenario 2 because this is what i've done with other stocks

any thoughts would be most appreciated.