Should I pay capital gain tax in 2007 or 2008 for cash dividend pay date of 2008 and ex dividend date of Dec.2007?

Answer 1

First...this may be the best question I've seen in a long time! The real answer should be...regardless of when...the finance guys that did this and spanned the year, should be lined up, waterboarded before being forced to walk across a shallow lake filled with hungry piranah! I'm going to continue thinking (and researching it)...as i suspect there are some cases directly on point...although I wouldn't be surprised to find there are conflicting answers there too. The concept of "constructive receipt" is very big in taxation (and presuming your a cash basis taxpayer as most people are), the concept doesn't always mesh perfectly with that. And in this case, I can see there is a strong arguments for there having been constructive receipt at the ex-div date....BUT I think there is a much stronger one that there wasn't constructive receipt until the pay date (regardless of when the pay was actually received). I believe the ex div date just becomes the day the Corp acknowleges/records it's obligation to pay (as it does with virtually all expenses it can anticipate), and the pay date the day it the bill becomes payable. Hence, the Corp., presumably an accrual taxapayer, has the expense (albeit there is normally no tax deduction for dividends), as accrued...but the recepient...a cash basis one, may not have the income until the obligation is due and paid. Finally, I suspect this will all come out and be shown in the correct reporting period on the 1099 DIV the company must report. Follow that for your own return.