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Commercial Debt Forgiveness

Forgiving debts between entities (including related parties) can have unintended consequences.

The entity/individual forgiving the debt could end up reducing tax deductions, cost bases of their assets and carried forward losses if not done correctly.

Recently released Taxation Determination TD 2022/1 confirms that in order to forgive a debt for reasons of natural love and affection, the creditor must be a natural person.

Companies can forgive companies and they can mutually decide to forgo any tax implications.
Individuals and trusts however must tread carefully.

This is a complex area. Feel free to give us a call to discuss if you would like to know more.

The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.

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