Debt Relief Agreement

Debt forgiveness

Cancellation of debt is a form of donation or a gift. Just like when you take out a loan, it is always a good idea to put a cancellation of a debt to paper. This way you can prevent possible conflicts.

This agreement is based on a cancellation of debt between private individuals. It also contains a provision that prevents the cancellation to become part of the community property (in case of marriage). It is also possible to cancel an entire loan or part of a loan.

Note: there is a separate Debt Relief Agreement for private limited companies under Dutch law (in Dutch: kwijtschelding lening BV).

What to fill in yourself

Please fill in the full names of both parties. Both parties need to sign the agreement. Also fill in the amounts of the loan and the amounts cancelled. Remember to take into account any unpaid interest in the determination of the amount cancelled.

Summary

Contains provisions on:

• Determination of the original loan;
• Amount of debt cancellation;
• Community of property exclusion clause.

Context

This document can be used in the following situations:
For many people cancellation of debt is a form of donation or a gift. For example, it is possible to cancel your children’s debt in the amount of the annual tax exemption. You accommodate your children with a loan and the annual debt cancellation is the interest including a certain amount of the loan. The amount is set each year. Please consult the website of the Tax Administration here (in Dutch).