You can't claim a loss in an inkind transfer.

Because you have not disposed of the security in the market you are still holding. The 30 day rule applies. If you want to claim the loss, you must sell and you can only repurchase the security after 30 days, whether it is in your unregistered or registered account.

Having to take a gain in an in kind transfer doesn't make any sense, then, because I am using only the available room, and am not realising any gain on the transfer.