Recent Developments on the Deductibility of Foreign Permanent Establishment Losses in Germany

In this note, the author reviews recent decisions of the Federal Finance Court regarding the tax treatment of losses incurred by foreign permanent establishments. On 9 June 2010, in two decisions relating to the deductibility of foreign permanent establishment losses, the Federal Finance Court commented on whether or not such losses should be taken into account and if so, in which tax year they should be deducted.