Reg 1 451 2 Constructive Receipt Of Income 
Checkpoint Contents Federal Library Federal Source Materials Code, Regulations, Committee Reports & Tax Treaties Final, Temporary, Proposed Regulations & Preambles Final, Temporary & Proposed Regulations Regs. §§ 1.448-1 thru 1.456-7 Reg §1.451-2 Constructive receipt of income.
Federal Regulations
Reg §1.451-2. Constructive receipt of income.
Effective: The amendment to §1.451-2(a)(2) of the regulations is effective for corporate obligations and certificates of deposit, time deposits, bonus plans, and other deposit arrangements issued or entered into after December 31, 1978.
(a)General rule. 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. Thus, if a corporation credits its employees with bonus stock, but the stock is not available to such employees until some future date, the mere crediting on the books of the corporation does not constitute receipt. In the case of interest, dividends, or other earnings (whether or not credited) payable in respect of any deposit or account in a bank, building and loan association, savings and loan association, or similar institution, the following are not substantial limitations or restrictions on the taxpayer's control over the receipt of such earnings:
(1) A requirement that the deposit or account, and the earnings thereon, must be withdrawn in multiples of even amounts;
(2) The fact that the taxpayer would, by withdrawing the earnings during the taxable year, receive earnings that are not
Federal Regulations
Reg §1.451-2. Constructive receipt of income.
Effective: The amendment to §1.451-2(a)(2) of the regulations is effective for corporate obligations and certificates of deposit, time deposits, bonus plans, and other deposit arrangements issued or entered into after December 31, 1978.
(a)General rule. 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. Thus, if a corporation credits its employees with bonus stock, but the stock is not available to such employees until some future date, the mere crediting on the books of the corporation does not constitute receipt. In the case of interest, dividends, or other earnings (whether or not credited) payable in respect of any deposit or account in a bank, building and loan association, savings and loan association, or similar institution, the following are not substantial limitations or restrictions on the taxpayer's control over the receipt of such earnings:
(1) A requirement that the deposit or account, and the earnings thereon, must be withdrawn in multiples of even amounts;
(2) The fact that the taxpayer would, by withdrawing the earnings during the taxable year, receive earnings that are not