Constructive Receipt

A tax term mandating that a taxpayer is liable for income, which has not been physically received, but has been credited to the taxpayer's account or otherwise becomes available for him or her to draw upon in the future. Constructive receipt of income prevents taxpayers from deferring tax on income or compensation they have not yet utilized or spent.

The doctrine of constructive receipt applies to employees that use the cash-basis method of accounting. This means that an employee who received a paycheck at the end of one year must report it as income that year, even if he or she didn't deposit the check until after the new year. This doctrine also stipulates that receipt of funds by an agent is considered to be received by the principal at that time as well.

Investment dictionary. . 2012.

Look at other dictionaries:

  • constructive receipt — n: the receipt of taxable income (as interest on a savings account) that is implied by the income s ready availability to the taxpayer although it has not actually been collected Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Constructive receipt — Part of a series on Taxation Taxation in the United States …   Wikipedia

  • constructive receipt — The date a taxpayer receives dividends or other income, for use in the determination of taxes. Bloomberg Financial Dictionary …   Financial and business terms

  • constructive receipt of income — Income not physically received but treated by the tax code as if it had been received because it is accessible to the recipient. For instance, when a business receives a check from a client, it is considered constructive income since the check… …   Law dictionary

  • constructive-receipt doctrine — Same as constructive receipt of income. =>> income. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • constructive receipt of income — As applied to tax laws, is taxable income which is unqualifiedly subject to the demand of taxpayer on cash receipts and disbursements method of accounting, whether or not such income has actually been received in cash. Gounares Bros. & Co. v. U.… …   Black's law dictionary

  • Davis v. Commissioner (constructive receipt) — Davis v. Commissioner., T.C. Memo. 1978 12 (1978),[1] was a case in which the United States Tax Court held that in order to have constructive receipt, a taxpayer must have notice of the attempt to transfer funds to the taxpayer. Contents 1… …   Wikipedia

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • constructive delivery — A symbolic delivery whereby the party to whom delivery is made is clothed with all the usual muniments of title and indicia of ownership, as in the case of the deposit of a warehouse receipt or bill of lading for goods in store or in transit. 46… …   Ballentine's law dictionary

  • ПРИНЦИП НАЛОГОВОЙ ПОЛИТИКИ В ОТНОШЕНИИ СУБЪЕКТОВ, ОТЧИТЫВАЮЩИХСЯ НАЛИЧНЫМИ СРЕДСТВАМИ — CONSTRUCTIVE RECEIPT DOCTRINEЗаключается в том, что наличные средства считаются полученными в момент, когда у получателя была первая возможность получить налоговый платеж …   Энциклопедия банковского дела и финансов

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