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.
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