Constructive receipt

Under constructive receipt, income is taxable when it is made available to you without substantial restriction, even if you have not taken it.

How it works

For crypto, the doctrine underlies the dominion and control standard: rewards credited to an account you can withdraw from are income when credited, not when withdrawn.

Why it matters

Locked or vesting tokens may not be constructively received until the restriction lifts, which is a documented position, not an assumption. Dominion and control.

Where this comes up in our work

Tax controversy attorneys

Audits, penalties, collections, criminal exposure, and Tax Court, handled by attorneys who do this every day.

See the practice page →

Have a question about this?

Our tax attorneys handle IRS audits, crypto tax, offshore disclosures, and opinion letters for clients nationwide. Consultations are confidential.

Definitions are general information, not legal advice, and may not reflect the most recent changes in law.