Debt Benefits Flashcards
s19(2) - This section applies where (4)
- Debt owed by a person
- used to fund deductible expenditure.
- That debt gives rise to a debt benefit
- as a result of concession/compromise
alternative ordering:
1. Where a debt benefit
2. in respect of a debt owed by a person
3. arises as a result of concession/compromise.
4 And the debt was used to fund deductible or specific allowable expenditure.
Concession/compromise
Any arrangement:
a) debt is
- cancelled/waived or
- extinguished by way of redemption or merger
b) debt owed by a company is settled directly/indirectly by
- converting debt to shares/exchange debt for shares
- use the debt to subscribe to shares in the company
Amount of debt benefit: cancelled/waived
amount cancelled/waived
Amount of debt benefit: extinguished by redemption/merger
Face value of debt (before arrangement)
less [expenditure to redeem debt/ acquire claim]
Amount of debt benefit: company acquiring shares - held no interest
Face value of debt (before arrangement)
less [MV of shares acquired]
Amount of debt benefit: company acquiring shares - held an interest
Face value of debt (before arrangement)
less [ MV shares after - MV shares before]