Debt Forgiveness
12 June 2009
If a borrowing by the super fund (eg pursuant to a super gearing or instalment warrant arrangement) is forgiven, the amount of the debt forgiven will be treated as a contribution to the super fund.
The time of the receipt of the contribution will be the date of the release of the debt.
Comment: This view of debt forgiveness is very strongly influenced by economic considerations rather than trust law.
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