Constructive Receipt Law and Legal Definition

Constructive receipt means a taxpayer received an income regardless of whether he/she actually take possession of it or not. According to the IRS regulation, the constructive receipt is the "income although not actually reduced to a taxpayer's possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer's control of its receipt is subject to substantial limitations or restrictions."