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Debt forgiveness – Is it really that scary?

Published on 01 Jun 14 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

In the SME environment, a business is often conducted via one or more separate legal entities, all of which are controlled by the same person or group of people. Frequently, the adviser considering the tax aspects of the forgiveness of a debt must consider the effect of forgiveness on both debtor and creditor. The creditor may want to write the debt off and claim a deduction or capital loss. The debtor may wish to avoid gaining assessable income. Usually, debt forgiveness will not constitute ordinary income and the commercial debt forgiveness provisions in Div 245 of the Income Tax Assessment Act 1997 may apply.

The operational provisions of the Division describe how to quantify the relevant forgiven amounts and the application of those amounts to reduce a company’s or related company’s tax attributes. This article focuses initially on the position of the debtor but goes on to consider some of the issues the creditor may face.

Author profile

Julie Van der Velde CTA
Julie Van der Velde, (Sept 2017) CTA was recently awarded the 2017 SME Tax Adviser of the Year and is the founder of VdV Legal, a specialist commercial law practice specialising in taxation law and wealth management structures. Specialising in small and medium business Julie has a particular interest in matters involving intergenerational transfer and business succession. - Current at 27 September 2017
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