Debt relief and possible tax consequences
Friday 31st, March
Posted on : Tuesday 01st, July 2014
In a recent Revenue ebrief - the revenue outline certain circumstances where land dealers or developers get debt relief from banks and could be hit with a tax bill, the key to this is did they actually suffer an economic loss (000), if you think you are affected by this RMcH will put your mind at ease - so call us for appointment now 01 8827600
Debt Release - Land Dealers and Developers
Section 18 of the Finance Act 2013 introduced a new section 87B into the Taxes Consolidation Act 1997. This new section makes provision for the release of a debt, in certain circumstances, to be treated as a receipt of income and, consequently, chargeable to tax.
The aim of the provision is to ensure that individuals engaged in the trade of dealing in and developing land do not obtain the benefit of losses for tax purposes when they have not, in fact, incurred any economic loss. It is of no relevance in situations where other business or personal debts are written off.
Instructions and examples illustrating the way in which the provision is intended to operate are contained in a new manual 
Part 04-06-22 (PDF, 112KB) of the Income Tax, Corporation Tax and Capital Gains Tax Manual.
The instruction also sets out the time at which the debt release is deemed to have taken place, including the circumstances of bankruptcy and personal insolvency.
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