New Case Law Developments in Germany: Finality of Foreign Permanent Establishment Losses

Journal
Bal, A.M.
Germany
European Taxation 2012 (Volume 52), No. 1
FormatPDF
EUR
40
| USD
45
(VAT excl.)

In this note, the author reviews, in light of EU law, the recent decision of the Finance Court of Lower Saxony regarding the tax treatment of losses incurred by a foreign permanent establishment that is subsequently wound up. The Finance Court held that such losses are final and must be taken into account by the head office in the year in which they became final.