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Debt Workouts Have Tax Implications

In the December issue of Exchange, Ron Maiorano and Keno Chan of KPMG raise an important point: Although restructuring debt is a viable — even critical — option, companies who do may face unexpected tax consequences.

For example, if a debtor and creditor negotiate a change in the terms of a $100 loan agreement, such as an increase to the interest rate, because the debtor has defaulted on the existing obligation the interest rate increase is treated as a significant modification to the debt obligation resulting in an issue price of $95 for the modified debt instrument. The debtor will realize $5 of COD income for tax purposes because the debtor is deemed to have repaid the old $100 loan with proceeds of $95.

Read more in Exchange.

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