15.03.2025 Restriction to offset losses from tax deferral models not un ... Section 15b Income Tax Act dealing with the restriction of loss utilization for tax deferral models does not presuppose that an investment is not economically sensible or has not proved particularly successful. The restriction for an offset and deduction of losses from tax deferral models is also constitutional in the case of a so-called definitive loss. This was currently decided by the Supreme Tax Court who hereby confirmed its previous case law on this matter. Categories: Supreme Tax Court casesKeywords: loss offset, tax deferral scheme, tax lo ...
09.08.2021 Loss on exchange of profit participation rights can be offse ... The Regional Tax Court of Muenster held that a loss from the exchange of profit participation rights for shares in a registered cooperative ("eG") and bonds may be set off against income from capital investments. Thus, the tax office's attempt to regard the loss as belonging to the non-taxable private asset portfolio of the plaintiff failed. Categories: Tax CourtKeywords: loss offset, exchange gain or loss, prof ...
15.04.2015 Minimum taxation not a reason for provisional assessment The Supreme Tax Court has held that a tax office cannot be required to issue a provisional assessment restricting the immediate deduction of the loss brought forward, merely because of the possibility that the remaining loss to be carried forward might be invalidated by a share transaction abroad at some future point in time. Categories: Supreme Tax Court casesKeywords: loss offset, minimum tax, provisional as ...
03.09.2014 Loss offset deferral unconstitutional? The Supreme Tax Court has referred to the Constitutional Court on whether a confiscatory effect of the loss offset deferral provisions can be a breach of the equal treatment requirement of the constitution. Categories: Supreme Tax Court casesKeywords: minimum taxation, loss offset
27.03.2013 First €1 m full loss offset for each period of assessment The Supreme Court has held that the initial full loss offset on €1 m applies to each period of assessment, rather than to each calendar year. Thus it can only be claimed once for a multi-year assessment. Categories: Supreme Tax Court casesKeywords: Liquidation, minimum taxation, loss offs ...
25.05.2011 1999 minimum taxation rules do not affect loss carry-back to ... The Supreme Tax Court has held that the 1999 introduction of “minimum taxation” rules limiting loss offset by income type do not apply to a 1999 loss carried back to 1998. Categories: Supreme Tax Court casesKeywords: minimum taxation, loss offset, loss carr ...
25.05.2011 Loss offset limitation 1999-2003 only applies to notional lo ... The Supreme Tax Court has held that the 1999-2003 “minimum taxation” rules apply to “paper” losses, but not to those borne with true economic effect. Categories: Supreme Tax Court casesKeywords: minimum taxation, loss offset
