Latest Developments on Cross-Border Loss Relief in Germany

Journal
Bal, A.M.
Germany
European Taxation 2010 (Volume 50), No. 11
FormatPDF
EUR
40
| USD
45
(VAT excl.)

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.