Constructive ownership

Tax Glossary Definition

Constructive ownership

Constructive Ownership – This tax principle attributes ownership of shares or assets to an individual or entity that does not directly possess them, based on certain relationships or control structures. It is designed to prevent tax avoidance by treating ownership as extending through relatives, partnerships, or entities under common control.

Example: Under constructive ownership provisions, an individual may be regarded as owning shares held by their spouse or a corporation they control.

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