35 Miss. Code R. § 3-02-06-105

Current through May 31, 2024
Section 35-3-02-06-105

Dividends are taxable to the taxpayer who has the right to receive them. If a dividend is paid after stock is sold, whether the purchaser or seller includes the dividend in gross income depends on when the sale took place. When stock is sold, and a dividend is both declared and paid after the sale, such dividend is not gross income to the seller. When stock is sold after the declaration of a dividend and after the date the seller becomes entitled to the dividend, the dividend is income to the seller. When the sale of stock occurs between the time of declaration and the payment of the dividend, the purchaser becomes entitled to the dividend and the dividend is income to the purchaser. In some cases the purchaser may be considered the recipient of the dividend even though they had not received the legal title to the stock and they did not receive the dividend. For example, when the seller retains the legal title to the stock as trustee solely for the purpose of securing the payment of the stock's purchase price, with the understanding that the seller will apply the dividends as payment to the stock's purchase price. In this case, the dividends are considered to be income to the purchaser.

35 Miss. Code. R. § 3-02-06-105

Adopted 1/1/2021