Germany - Latest Developments on Cross-Border Loss Relief in Germany
- A. Bal
- European Taxation, 2010 (Volume 50), No 11
- 5 October 2010
In this note, the author reviews the implementation of the Marks & Spencer decision in Germany. Although it was anticipated that the impact of the decision would extend to all Member States, the German tax authorities continue to deny a deduction for tax losses incurred by non-resident EU subsidiaries. Two recent cases pending before the Federal Finance Court, however, finally address the application of the Marks & Spencer principles in Germany.