ATO Interpretative Decision
ATO ID 2003/295 (Withdrawn)
Income Tax
Commercial debt forgiveness - agreement to end debt obligation from a future timeFOI status: may be released
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This ATO ID is withdrawn from the database as it is a simple restatement of the law and does not contain an interpretative decision.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Where pursuant to an agreement a debtor is released from an obligation to pay a debt with effect from the future time of a nominal payment, is the debt taken to be forgiven at the time of entering into the agreement for the purposes of subsection 245-35(3) of Schedule 2C to the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
Yes. The debt is taken to be forgiven when the agreement is entered into for the purposes of subsection 245-35(3) of Schedule 2C to the ITAA 1936.
Facts
After 27 June 1996 Creditor formally released Debtor from its obligation to pay a debt of $2 million in consideration of an immediate payment of $100 000 and a further payment of $1 000 in two years time.
The debt was a commercial debt for the purposes of section 245-25 of Schedule 2C to the ITAA 1936.
Reasons for Decision
Section 245-10 of Schedule 2C to the ITAA 1936 provides that Schedule 2C applies where a forgiveness of a commercial debt occurs after 27 June 1996.
Subsection 245-35(3) of Schedule 2C to the ITAA 1936 provides that where a debtor and creditor enter into an agreement under which the debtor's obligation to pay the whole or part of the debt is to cease at a particular future time, the debt is taken to be forgiven when the agreement is entered into provided under paragraph 245-35(3)(c):
'(c) the cessation of the obligation is to occur without the debtor incurring any financial or other obligation (other than an obligation that, having regard to the debtor's circumstances, is of a nominal or insignificant amount or kind);'
Having regard to Debtor's circumstances, the future $1 000 payment is nominal or insignificant and accordingly, a forgiveness of the debt occurred upon entering into the relevant agreement.
Date of decision: 18 March 2003Year of income: Year ended 30 June 2003
Legislative References:
Income Tax Assessment Act 1936
Schedule 2C
Schedule 2C, section 245-10
Schedule 2C, section 245-25
Schedule 2C, subsection 245-35(3)
Schedule 2C, paragraph 245-35(3)(c)
Keywords
Debt forgiveness
ISSN: 1445-2782
| Date: | Version: | |
| 18 March 2003 | Original statement | |
| You are here | 21 November 2008 | Archived |