FA makes a loan to Canco, its wholly-owning parent. Canco then sells its interest in FA to a third party, but due to foreign tax and other regulatory concerns, Canco does not repay the loan. The loan then is forgiven. Would the forgiveness satisfy the repayment condition in ss. 90(8) and 90(14), and would both the upstream loan rules and the s. 80 forgiveness rules apply in the situation described?
After noting that the loan forgiveness would not constitute its repayment for purposes of ss. 90(8) and 90(14), CRA stated:
[S]ince Canco will have to include the “specified amount” in respect of the loan in computing its income under subsection 90(6), Canco’s obligation in respect of the loan from FA will be considered an “excluded obligation”…[notwithstanding] that Canco may be able to claim a deduction under subsection 90(9)…so that the debt forgiveness rules will not result in tax implications to Canco.