When they are not deductible from the taxable income of a creditor company, debt waivers granted by the latter to another company in which it has a holding within the meaning of article 145 are not taken into account in determining the taxable results of the debtor company.
To benefit from this provision, the debtor company must undertake to increase its capital in favour of the creditor company by an amount at least equal to the debt waivers referred to in the first paragraph. The undertaking must be attached to the income tax return for the financial year in which the waivers took place; the capital increase must be made, in cash or by conversion of debt, before the close of the second following financial year.
In the event of a breach of the undertaking given, the debtor company must report the amount of the waivers granted against the taxable income for the financial year in which they occurred.