Recent Case Law: Tax Treatment of Corporate Tax Losses in the Case of a Change in Shareholders

On 4 February 2010, the Luxembourg Administrative Court of Second Instance (Cour administrative) gave its decision further to that of the Luxembourg Administrative Court of First Instance (Tribunal administratif) which overruled long-standing administrative practice regarding the tax treatment of corporate tax losses upon a change in shareholders. This note addresses the facts and reasoning of these decisions and analyses the practical implications for Luxembourg companies.