Loans put on hold and debt forgiveness: ATO’s views (September 2020 Client Alert)

| Accounting, Business, Wealth

The ATO has “clarified” its position on loans put on hold during COVID-19. The ATO will consider a debt to be forgiven for tax purposes if:

  • the debtor is somehow relieved from the legal obligation to repay it; or
  • there is evidence that the creditor won’t insist on repayment or rely on the obligation for repayment.

A debt is not considered to be forgiven if a creditor only postpones an amount payable and the debtor acknowledges the debt – unless there is evidence that the creditor will no longer rely on the obligation for repayment.

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