318.0.1. Paragraph 2 of section 318 does not apply in respect of amounts paid or forfeited, and debts or other obligations reduced or extinguished, as a consequence of a breach, modification or termination of an agreement where(1) the agreement was entered into in writing before 1 July 1992;
(2) the amount is paid or forfeited, or the debt or other obligation is reduced or extinguished, as the case may be, after 1992; and
(3) tax in respect of the amount paid, forfeited or extinguished, or by which the debt or obligation was reduced, as the case may be, was not contemplated in the agreement.