# 26 CFR § 31.3301-4: When wages are paid

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-4

## Section

- **Citation:** 26 CFR § 31.3301-4
- **Heading:** When wages are paid
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 26—Internal Revenue > CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY > SUBCHAPTER C—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE > PART 31—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE > Subpart D—Federal Unemployment Tax Act (Chapter 23, Internal Revenue Code of 1954)

## Text

Wages are paid when actually or constructively paid. Wages are constructively paid when they are credited to the account of or set apart for an employee so that they may be drawn upon by him at any time although not then actually reduced to possession. To constitute payment in such a case the wages must be credited to or set apart for the employee without any substantial limitation or restriction as to the time or manner of payment or condition upon which payment is to be made, and must be made available to him so that they may be drawn upon at any time, and their payment brought within his own control and disposition. See § 31.6011(a)-3, relating to the return on which wages are to be reported.

## Nearby sections

- [26 CFR § 31.0-1 § 31.0-1 Introduction.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.0-1.md)
- [26 CFR § 31.0-2 § 31.0-2 General definitions and use of terms.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.0-2.md)
- [26 CFR § 31.0-3 § 31.0-3 Scope of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.0-3.md)
- [26 CFR § 31.0-4 § 31.0-4 Extent to which the regulations in this part supersede prior regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.0-4.md)
- [26 CFR § 31.3301-1 § 31.3301-1 Persons liable for tax.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-1.md)
- [26 CFR § 31.3301-2 § 31.3301-2 Measure of tax.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-2.md)
- [26 CFR § 31.3301-3 § 31.3301-3 Rate and computation of tax.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-3.md)
- [26 CFR § 31.3301-4 § 31.3301-4 When wages are paid.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-4.md)
- [26 CFR § 31.3302(a)-1 § 31.3302(a)-1 Credit against tax for contributions paid.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(a)-1.md)
- [26 CFR § 31.3302(a)-2 § 31.3302(a)-2 Refund of State contributions.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(a)-2.md)
- [26 CFR § 31.3302(a)-3 § 31.3302(a)-3 Proof of credit under section 3302(a).](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(a)-3.md)
- [26 CFR § 31.3302(b)-1 § 31.3302(b)-1 Additional credit against tax.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(b)-1.md)
- [26 CFR § 31.3302(b)-2 § 31.3302(b)-2 Proof of additional credit under section 3302(b).](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(b)-2.md)
- [26 CFR § 31.3302(c)-1 § 31.3302(c)-1 Limit on total credits.](https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3302(c)-1.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-26-31.3301-4. Check the current official text before relying on it. Not legal advice.