ATO Interpretative Decision
ATO ID 2003/580 (Withdrawn)
Income Tax
Commercial debt forgiveness - meaning of 'associate'FOI 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This ATO ID is withdrawn from the database as it is a simple restatement of the law and does not contain an interpretative decision.This document incorporates revisions made since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.
Status of this decision: Decision Withdrawn 21 November 2008
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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 subsection 245-185(1) of Schedule 2C to the Income Tax Assessment Act 1936 (ITAA 1936) applies, is the term 'associate' to be interpreted by reference to section 318 of the ITAA 1936?
Decision
Yes. Subsection 245-245(1) of Schedule 2C to the ITAA 1936 defines associate for the purposes of Schedule 2C by reference to section 318 of the ITAA 1936.
Facts
After 27 June 1996 Debtor was forgiven a debt.
The debt was a commercial debt for the purposes of section 245-25 of Schedule 2C to the ITAA 1936.
As a result of the forgiveness Debtor has a residual forgiven amount to be applied in the reduction of cost bases under section 245-175 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.
Where a debtor has a residual forgiven amount to be applied in reduction of cost bases of assets under section 245-175 of Schedule 2C to the ITAA 1936, subsection 245-185(1) of Schedule 2C provides that:
'If a debtor's reducible assets includes investments in, or in relation to, entities that are associates of the debtor, the relevant cost bases of those investments are not subject to reduction under section 245-175 until the residual forgiven amount has been applied, to the maximum extent possible, in reduction of the relevant cost bases of reducible assets other than such investments.'
Subsection 245-245(1) of Schedule 2C to the ITAA 1936 specifies that the term associate in Schedule 2C is referable to the definition of the term in section 318 of the ITAA 1936.
Note the term associate is also used in subsection 245-35(4) of Schedule 2C to the ITAA 1936.
Date of decision: 23 June 2003Year of income: Year ended 30 June 2003
Legislative References:
Income Tax Assessment Act 1936
Schedule 2C, section 245-10
Schedule 2C, section 245-25
Schedule 2C, subsection 245-35(4)
Schedule 2C, section 245-175
Schedule 2C, subsection 245-185(1).
Schedule 2C, subsection 245-245(1).
Keywords
Commercial debt
Commercial debt forgiveness
Commercial debt forgiveness and related companies
Dealings & transactions
Debt forgiven
Debt release
ISSN: 1445-2782
| Date: | Version: | |
| 23 June 2003 | Original statement | |
| You are here → | 21 November 2008 | Archived |