The controlling concept for determining the timing of tax liability; the IRS contends that the time at which an individual can “reach out and take” compensation is when it should be taxed, even if the employee chooses not to take it at that time.
The exchanger is in constructive receipt of money or property at the time the money or property is credited to the exchanger's account, set apart for the exchanger, or otherwise made available so that the exchanger may draw upon it at any time or so that the exchanger can draw upon it if notice of intention to draw is given.
A term that refers to the Exchanger having unrestricted control of the equity from property sold. Constructive Receipt will invalidate a tax deferred exchange.
Refers to a cash-basis taxpayer’s right to receive income. Cash-basis taxpayers are generally taxed only on income that they actually receive. But if income is unreservedly subject to the taxpayer’s demand, the tax law says it has been “constructively received”; it is therefore taxable even though the taxpayer has not actually received it.
A tax law doctrine under which an employer who is given a choice between cash and nontaxable benefits (e.g. employer–provided health insurance) must include in gross income the cash that could have been received. The doctrine of constructive receipt is frequently explained with the phase that "an employee can't turn his back on taxable income." Code 125 provides a safe harbor from constructive receipt for Cafeteria Plans.
Income, although not actually reduced to a taxpayer's possession, is constructively received by him or her in the taxable year during which it is credited to the taxpayer's account, or set apart for him or her, so he or she may draw upon it at any time.
Control of the cash earnings without real physical possession by the Exchanger or their agent.
An IRS doctrine specifying that an investor becomes liable for taxes on a tax-deferred investment as soon as the investor acquires actual or constructive possession of the funds. The assets remain tax-deferred as long as the investor does not withdraw or dispose of them.
When money or property is made available to the taxpayer, set apart for the taxpayer, or credited to the taxpayer's account.
When a taxpayer has an unrestricted right to receive items of income, regardless of whether actually received by the taxpayer.
The idea in which a taxpayer does not actually have to take possession of money for it to be taxable. An example of this is when savings account interest is reinvested rather than sent to the account holder as a separate payment. In this case, the account holder constructively received the interest because the earnings were credited to his account and could have been taken out at the owner's discretion. As such, the earnings are taxable.
Control of the cash proceeds with or without actual physical possession; if the taxpayer is in "constructive receipt", the exchange will not qualify
Exercising control over your exchange funds or other property. Control over your exchange funds includes having money or property from the exchange credited to your bank account or property or funds reserved for you. Being in constructive receipt of exchange funds or property may result in the disallowance of the tax-deferred, like-kind exchange transaction thereby creating a taxable sale. (See also Actual Receipt)
1. for tax purposes, the right to receive money that would be taxable and is taxable, even if receipt is postponed. 2.in real estate exchanges, the receipt of cash or other non-like-kind property or the acquisition of the right to use or benefit from such cash or property during an exchange transaction.
A cash-basis taxpayer is taxed on income only as it is received. But if the income was unreservedly subject to his or her demand and he or she could have received it but chose not to do so, it is regarded as having been constructively received by him or her and is taxable. For example, interest credited to a savings account is constructively received even if the taxpayer hasn't withdrawn it.
Control of the cash proceeds without actual physical possession by Exchanger or their agent.
You constructively receive income when it is credited to your account or set apart in any way that makes it available to you. You do not need to have physical possession of it. For example, interest credited to your bank account on December 31 is taxable income to you in the year it was credited if you could have withdrawn it in that year (even if the amount is not entered in your passbook or withdrawn until the next year).
A critical issue in the delayed exchange if the Exchanger has control over the exchange proceeds or property during the exchange period he may be deemed in constructive receipt. If the Exchanger actually or constructively receives the exchange proceeds or property the exchange may not qualify under IRC §1031.
In a tax deferred exchange, having control of the cash proceeds without actual physical possession by the Exchanger.
A term that refers to the Exchangor/Investor having unrestricted control of money, consideration or other property before receiving the designated replacement property. A critical issue in the delayed exchange, as constructive receipt can void an exchange.
The critical question in a delayed exchange is whether the Exchanger has control over the proceeds during the exchange period. Any type of account to maintain exchange proceeds must substantially limit and restrict the Exchanger's control to avoid having the exchange disallowed.
The ability of the investor (exchangor) to exercise control over the proceeds or exchange equity resulting from the transfer of the relinquished property.
Per the Internal Revenue Code, money representing income not actually received or in the possession of the taxpayer may be considered received as income and therefore taxable. Constructive receipt is said to have occurred if that income is credited to the taxpayer without a restriction on the taxpayer's right to bring that income within his control.
Income you are taxed on due to the fact that it is available to you, even if you chose not to receive it. An example of this is interest credited to a savings account. The money is there and available to you, regardless of whether you choose to withdraw it.
A taxpayer is considered to have received the income even though the monies are not in hand, it may have been set aside or otherwise made available. An example is interest on a bank account.
Tax concept whereby income not actually received, but which could be received, is considered to be constructively received and must be reported.
This is a concept of tax law that taxes income at the time you could have received it, even if you don't actually have it. A paycheck you could pick up in December is considered constructively received and taxed in that year. It doesn't matter if don't receive or cash the check until the following January. Also, interest paid on a savings account is considered constructively received and taxable in the year it is credited to your account, whether or not you withdraw the money.
In United States Income Tax theory, the doctrine of Constructive receipt requires that a cash method of accounting taxpayer to include into current period gross income deferred salary, bonuses, commissions, prizes and other accessions to wealth even though the taxpayer has yet to reduce them to income because the taxpayer had "unfettered control" or dominion over the funds. The leading case is of a bondholder who, because of being ill, failed to clip her coupons and cash them during the year and collected he cash in the next year. Held: coupon income includible in the tax year when the coupons came due.