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Tax

Dec. 29, 2025

If you don't receive payment in 2025 but could have, is it 2025 income?

Constructive receipt determines when income is considered taxable, focusing on whether you have an unrestricted right to payment, even if you don't actually receive it.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

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 If you don't receive payment in 2025 but <i>could</i> have, is it 2025 income?
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This sounds like a silly question. How could something be income in 2025 if you don't collect it until 2026? Welcome to the tax concept of constructive receipt. According to the IRS, you have income when you have an unqualified, vested right to receive it. Asking for payment later doesn't change that. The idea is to prevent taxpayers from deliberately manipulating their income.

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