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CTA09/S358

Debt buybacks: deemed releases include releases of 鈥榬elevant rights鈥�

CFM35440 explains that the normal rule in S358 that no credit is brought in by a debtor company in respect of a release by a connected creditor is disapplied where there is a 鈥榙eemed release鈥�.

A debtor company will also be subject to a taxable credit in respect of a 鈥榬elease of relevant rights鈥� (S358(4)).

A release of relevant rights is the amount that would have been taxed as a 鈥榙eemed release鈥� under CTA09/S361 but for the application of either the old 鈥榗orporate rescue鈥� exception (CFM35540), or the old 鈥榙ebt-for-debt鈥� exception (CFM35550). In effect the release of relevant rights is the crystallisation of the deemed release that was deferred by the application of those exceptions.

The amount of the release of relevant rights is the discount at which the debt was acquired by the connected creditor (or by another company to which the debt has been assigned), less any amounts taxed on the creditor (and any other company to which the debt was assigned) in respect of the discount either in previous accounting periods or in the period in which the release takes place.

The new creditor鈥檚 carrying value of the debt is the amount of the consideration it pays for the acquisition. If it does not release the debt, accounts drawn up under the amortised cost basis will normally show the accretion of amounts equal to the discount at which it purchased the debt. If, exceptionally, no accreting amounts are brought in as taxable credits, and the debtor actually repays the new creditor more than it paid for the acquisition of the debt, the creditor will be taxable on the profit, and the debtor will have a corresponding debit.