Constructive Receipt

Constructive Receipt

Constructive receipt is an accounting term that requires an individual or business to pay taxes on income despite the fact that the money has not yet been received in actuality. Taxpayers must include any income on their taxes based on the year that income was constructively received, even if they don’t have possession of the funds. An individual is considered to be in constructive receipt of income when they have the ability to control or utilize the funds, even if they do not have direct possession of them, or if it is guaranteed they will have the ability to draw upon the funds in the future. A business is said to be in constructive receipt if the business has the ability to use the money without restriction or if it has been deposited into the business's account. In terms of income, when there is constructive receipt of income, this means that taxpayers cannot pay their taxes on income or compensation that has not been spent yet. Constructive receipt is an accounting term that requires an individual or business to pay taxes on income despite the fact that the money has not yet been received in actuality. For tax purposes, this person must report the amount of the paycheck as earned income for that year, even if they did not actually deposit the check until after the new year. What matters here is not that the individual actually received the benefit of spending or depositing that money, but that they possessed the capacity to do so — even if they delayed or forwent that capacity in real life.

What Is Constructive Receipt?

Constructive receipt is an accounting term that requires an individual or business to pay taxes on income despite the fact that the money has not yet been received in actuality. What matters instead is that the recipient of the income is able to control or utilize that money even when it is not in hand, for instance being able to spend funds deposited from a check before it has cleared.

Constructive receipt matters for reporting taxable income, especially under the cash-basis method of accounting.

How Constructive Receipt Works

An individual is considered to be in constructive receipt of income when they have the ability to control or utilize the funds, even if they do not have direct possession of them, or if it is guaranteed they will have the ability to draw upon the funds in the future.

A business is said to be in constructive receipt if the business has the ability to use the money without restriction or if it has been deposited into the business's account. In terms of income, when there is constructive receipt of income, this means that taxpayers cannot pay their taxes on income or compensation that has not been spent yet. Constructive receipt doctrine applies to employees that use the cash-basis method of accounting. It does not apply to the accrual method of accounting. The doctrine of constructive receipt also stipulates that the receipt of funds by an agent is considered to be received by the principal at that time as well.

IRS in Publication 538 describes constructive receipt as “an amount [that] is credited to your account or made available to you without restriction.” This document is published by the Internal Revenue Service (IRS) and details commonly recognized accounting methods and how to report taxable income under each.

Constructive receipt of income prevents taxpayers from deferring tax on income or compensation they have not yet utilized or spent.

Example of Constructive Receipt

As an example of constructive receipt, say that an employee received a paycheck at the end of the year. For tax purposes, this person must report the amount of the paycheck as earned income for that year, even if they did not actually deposit the check until after the new year.

What matters here is not that the individual actually received the benefit of spending or depositing that money, but that they possessed the capacity to do so — even if they delayed or forwent that capacity in real life.

Related terms:

Accounting Method

Accounting method refers to the rules a company follows in reporting revenues and expenses in accrual accounting and cash accounting. read more

Accrual Accounting

Accrual accounting is an accounting method that measures the performance of a company by recognizing economic events regardless of when the cash transaction occurs. read more

Accrued Income

Accrued income is money that's been earned, but has yet to be received. Under accrual accounting, it must be recorded when it is incurred, not actually in hand. read more

Cash Flow From Operating Activities (CFO)

Cash Flow From Operating Activities (CFO) indicates the amount of cash a company generates from its ongoing, regular business activities. read more

Cash Basis

Cash basis is a major accounting method by which revenues and expenses are only acknowledged when the payment occurs. Cash basis accounting is less accurate than accrual accounting in the short term. read more

Cash Basis Taxpayer

A cash basis taxpayer is a taxpayer who reports income and deductions in the year that they are actually paid or received. read more

Gross Domestic Product (GDP)

Gross domestic product (GDP) is the monetary value of all finished goods and services made within a country during a specific period. read more

IRS Publication 538

IRS Publication 538 is a document published by the Internal Revenue Service (IRS) that details the different commonly recognized accounting methods.  read more

What Is the Internal Revenue Service (IRS)?

The Internal Revenue Service (IRS) is the U.S. federal agency that oversees the collection of taxes—primarily income taxes—and the enforcement of tax laws. read more

What Is a Roth IRA? Guide to Getting Started

A Roth IRA is a retirement savings account that allows you to withdraw your money tax-free. Learn why a Roth IRA may be a better choice than a traditional IRA for some retirement savers. read more