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Video of Constructive Dividends (U.S. Tax) in Tax Accounting course by Edspira channel, video No. 31 free certified online
When a corporation confers economic benefit on a shareholder, the IRS might reclassify the transaction as a constructive dividend even if the corporation's board of directors did not formally classify it as a dividend.
For example, let's say a shareholder pays her son a $300,000 annually salary to serve as a consultant to the corporation, and the son is a full-time college student who spends 1 hour a month doing work for the corporation. The IRS would treat this as unreasonable compensation; clearly the shareholder is trying to avoid double taxation by having the corporation pay a salary to her son (which would be tax deductible for the corporation. But in fact this is really a distribution to her son, and it will be taxed as a constructive dividend (it will be a taxable dividend to the extent that the corporation has E&P).
Other examples of constructive dividends include:
(1) shareholder use of corporate property at no cost
(2) a bargain sale of corporate property to a shareholder
(3) a payment made for the benefit of a shareholder
(4) an advance to a shareholder that is not a bona fide loan
(5) the imputed interest on a bona fide loan that is interest-free —
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