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A company has enquired whether income arising from a modifying novation of debt can be classified as debt forgiveness to avoid the limitation on offsetting negative tax bases. The DGT has ruled that any reduction in debt is economically a debt forgiveness and, therefore, is excluded from said limitation.
This ruling provides legal certainty for companies restructuring debt, allowing them to treat debt reductions as debt forgiveness to bypass the restrictions on offsetting tax losses.
The tax team reviews your specific situation.
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