“Dividends” received from a mutual savings bank that received a deduction under IRC Section 591 are not eligible for the 20/15/0 percent rates applicable to “qualified dividend income” (see Q 702).4
Generally, interest must be included in gross income for the year in which (1) it is actually received by the taxpayer or, if earlier, (2) it is constructively received by the taxpayer.5 Interest is constructively received by a taxpayer in the year during which it is credited to the taxpayer’s account, set apart for the taxpayer, or otherwise made available so that the taxpayer might draw upon it at any time, or so that he or she could have drawn upon it during the year if notice of intention to withdraw had been given.6 Interest may be constructively received even though the taxpayer was never notified that the interest was available.7 On the other hand, interest is not constructively received if the taxpayer’s control of its receipt is subject to substantial limitations or restrictions (see Q 662).8
If certificates of deposit (and certain other time deposits) with a term in excess of one year are issued at a price less than the “stated redemption price” that will be paid on maturity (i.e., the certificate is issued at a discount), the depositor must treat the “original issue discount” as interest received over the term of the certificate. Thus, the amount of original issue discount deemed to have been received during the calendar year must be included in the depositor’s ordinary income on his or her tax return for that year (see Q 7650).9 Addressing the proper year for reporting interest on an 18 certificate, the Service stated that the OID rules in IRC Section 1272 may require taxpayers to include interest as it accrues on certificates that have a stated maturity date of more than one year.10