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What is a constructive dividend?

A constructive dividend is a payment, allowance, loan or other form of financial benefit from a corporation to a shareholder that is not intended to be a dividend payment but that ends up being classified by the IRS as a dividend. Examples of constructive dividends include excess salaries paid to shareholder employees, sale of assets below FMV, excessive rents and royalties, loans to shareholders that does not require interest payments.


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