Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 245.61

Special rule for working out the value of a previously assigned debt

    If your debt has been assigned as mentioned in section   245 - 36 and is later * forgiven by the new creditor, the value of that debt when it is later forgiven is:

  (a)   if the debt was not a * moneylending debt and the creditor and the new creditor were not dealing with each other at * arm's length in connection with the assignment--the * market value of the debt at the time of the assignment; or

  (b)   in any other case--the sum of:

  (i)   the amount or market value of the consideration (if any) you paid or gave, or are required to pay or give, to the creditor in respect of the assignment; and

  (ii)   the amount or market value of the consideration (if any) the new creditor paid or gave in respect of the assignment.


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