Constructive Receipt 149pub Recovered - Asset Preservation Inc 2025

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An example of constructive receipt would be if an individual received a payment through a paycheck on December 31 but did not withdraw the money until January 15.
Constructive receipt happens when the person completing the 1031 exchange has the right to receive the funds or control them in some way. This can occur even if the person does not have direct access to the money. An example of this would be receiving the proceeds from a sale in the form of a check.
Constructive receipt of income occurs when a party obtains income that is not yet physically received but has been credited to the taxpayers account and over which they have immediate control. The taxpayer is liable to pay taxes on all income constructively received.
The standard way to avoid constructive receipt in a 1031 exchange is by using an unrelated third party. With this option, upon the sale of your relinquished property, you arrange for the funds received to be held by an intermediary party.
The taxpayer is considered to have constructively received it at issue, meaning they have control of or access to it. The constructive receipt doctrine applies to all types of income, including wages, interest, dividends, rental income, and other forms of compensation.
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When there is constructive receipt of income, taxpayers cannot delay paying taxes on that income or compensation even if they have not utilized it. A business is said to be in constructive receipt of income if the business can use the money without restriction or if it has been deposited into the businesss account.
(b) Constructive payment. Wages are constructively paid when they are credited to the account of, or set aside for, an employee so that they may be drawn upon by the employee at any time although not then actually received.

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