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
