01. Juli 2024 Constitutionality of the loss set-off restriction for forwar ... In the summary review required during suspension proceedings under Section 69 (3) of the German Tax Court Code, the loss set-off restriction for forward transactions/futures under Section 20 (6) Sentence 5 of the German Income Tax Act (ITA) in the version of the Finance Act 2020 of 21 December 2020 (Federal Law Gazette I 2020, 3096) is incompatible with Article 3 (1) of the German Constitution. This was decided by the Supreme Tax Court in a ruling published on 27 June 2024. Kategorien: Supreme Tax Court cases, Tax & Legal New ...Schlagwörter: Futures, losses, loss curtailment, Incom ...
20. November 2023 No tax savings from rental of luxury properties If a property with more than 250 square meters of living space is rented, losses incurred as a result of the rental cannot necessarily be offset against taxable income of the taxpayer. This was decided by the Supreme Tax Court in a case of rentals within the family. Kategorien: Supreme Tax Court casesSchlagwörter: property rental, losses
17. Dezember 2015 Foreign branch loss recapture provision confirmed The ECJ has confirmed a German provision for the recapture of foreign branch losses previously deducted on sale of the foreign permanent establishment. Kategorien: From EuropeSchlagwörter: permanent establishment (PE), Foreign br ...
12. November 2013 Failure to relieve loss on sale of property abroad does not ... The ECJ has held that the denial of relief in a member state of residence for a loss made on the sale of property in another member state is not an unjustified restriction on the free movement of capital. Kategorien: From EuropeSchlagwörter: sale of property, free movement of capit ...
