Question: What is a constructive dividend? Under what circumstances is the IRS likely to argue that a constructive dividend has been paid? Question content area bottom

What is a constructive dividend? Under what circumstances is the IRS likely to argue that a constructive dividend has been paid?
Question content area bottom
Part 1
A.
A manner in which the IRS or courts will characterize an excessive dividend payout from corporations. The IRS will disallow the dividend when there is a taxable loss for the corporation in the current year.
B.
A way the IRS can ensure closely held corporations pay employees a fair wage by making wages public knowledge if they feel shareholder-employees are leading excessive lifestyles. The IRS argues a constructive dividend when comparing industry standards from one employee base to another.
C.
A manner in which the IRS or the courts might characterize an excessive corporate payment to a shareholder to reflect the true economic benefit conferred upon the shareholder. The IRS argues constructive dividends when they feel excessive compensation is paid to a shareholder-employee.
D.
A way for corporations to allow lease payments to be paid out in dividend income even if the corporation is in a taxable loss. The IRS will argue constructive dividends when there are excessive lease payments made to an employee.

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