An insolvent (but not bankrupt) company negotiates a settlement with CRA of unpaid source deductions and unremitted GST for less than the balance owing. Would this give rise to a forgiven amount or other income? CRA stated:
[I]nterest and penalties assessed under the ITA are not deductible (see section 67.6 and paragraph 18(1)(t)…). As such, the debt owed by the company…would not satisfy the definition of a commercial debt obligation and therefore, the debt forgiveness rules would not apply.
However, the amount as it related to source deductions would be included in income under s. 9, and under s. 12(1)(x) as it related to GST.