ATO Interpretative Decision
ATO ID 2003/579 (Withdrawn)
Income Tax
Commercial debt forgiveness - debt owed to trustee forgivenFOI 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This ATO ID is withdrawn from the database as it is a simple restatement of the law and does not contain an interpretative decision.This document incorporates revisions made since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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Is a loan owed to the trustee of a trust estate a 'debt' for the purposes of Schedule 2C to the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
Yes. The loan constitutes such a 'debt' pursuant to section 245-15 of Schedule 2C to the ITAA 1936 as it is an enforceable obligation imposed by law to pay an amount to another person.
Facts
Prior to 27 June 1996 an individual 'T' as trustee loaned trust funds to a business (company).
After 27 June 1996 that debt was forgiven because of the company's inability to repay the debt.
Interest paid in respect of debt constituted an allowable deduction to the company.
Reasons for Decision
Subsection 245-15(1) of Schedule 2C to the ITAA 1936 defines a 'debt' as an enforceable obligation imposed by law on a 'person' to pay an amount to another person.
Per subsection 995-1(1) of the Income Tax Assessment Act 1997 (ITAA 1997) the definition of 'person' encompasses a company
The loan owed by the company constitutes a legally enforceable obligation to pay an amount to a person, T, in whom the property of the trust was vested.
As interest paid in respect of the debt was an allowable deduction the debt is therefore a commercial debt, as defined in section 245-25 of Schedule 2C to the ITAA 1936.
Accordingly, section 245-10 of Schedule 2C to the ITAA 1936 provides that the Schedule applies in these circumstances, as there has been the forgiveness of a commercial debt after 27 June 1996. Tax Assessment Act 1997
subsection 995-1(1)
Date of decision: 6 June 2003Year of income: 30 June 2003
Legislative References:
Income Tax Assessment Act 1936
Schedule 2C, section 245-10
Schedule 2C, subsection 245 -15(1)
Schedule 2C, section 245-25
Keywords
Commercial debt
Commercial debt forgiveness
Dealings & transactions
Debt forgiven
Debt related transactions
Debt waivers
Entities & taxpayer groups
Trustees
Trusts
ISSN: 1445-2782
| Date: | Version: | |
| 6 June 2003 | Original statement | |
| You are here | 21 November 2008 | Archived |