In response to a question as to whether s. 80 would apply where interest is waived and forgiven in the same taxation year in which it was accrued, or whether such interest should be included in the debtor's income for that year by virtue of s. 9, CRA noted that where the gain on the settled debt is of an income nature, the debt is an excluded obligation (so that s. 80 does not apply), and stated that where the debt
is a trade debt or on account of income, it may be included in the taxpayer's computation of profit under section 9 of the Act. If the debt is considered on account of capital, section 80 of the Act may apply.
CRA concluded:
Therefore, where the interest amount is determined to be on account of income, and the interest on the debt is forgiven in the same taxation year in which the interest expense is deducted or deductible, the interest amount is included in income in that same taxation year. Generally, where such amount is forgiven in a subsequent year, in our view, section 80 of the Act will apply.