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ARTICLE · 29 AUGUST 2014

Debt Restructuring – Practical Considerations

With effect from 1 January 2013, new rules were introduced in the Income Tax Act No. 58 of 1962 governing the tax consequences flowing from the reduction or waiver of debts.

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With effect from 1 January 2013, new rules were introduced in the Income Tax Act No. 58 of 1962 ('the Act') governing the tax consequences flowing from the reduction or waiver of debts. According to the Explanatory Memorandum, the amendments were prompted in response to the global financial crisis and the unusually large number of companies facing financial distress. The intention was therefore to establish a mechanism which facilitated debt reductions without creating an additional obligation to pay further tax.

In terms of the amended provisions, it is important to identify the purpose for which the funds were borrowed. The reason for this is that if the debt was used to fund deductible expenditure or an allowance, the debt reduction or discharge will be taken into account in terms of the ordinary revenue rules. The rules for capital gains apply as a residual category. Once the purpose of the debt is identified, then the relevant ordering rules will apply in

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