01.07.2024 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. Categories: Supreme Tax Court cases, Tax & Legal New ...Keywords: Futures, losses, loss curtailment, Incom ...
20.11.2023 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. Categories: Supreme Tax Court casesKeywords: property rental, losses
17.12.2015 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. Categories: From EuropeKeywords: permanent establishment (PE), Foreign br ...
12.11.2013 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. Categories: From EuropeKeywords: sale of property, free movement of capit ...
