OrbitaxGermany's Federal Financial Court rules that den of cross-border loss offset (Austrian losses against German income) incompatible with EC freedom of establishment
|Approved Changes|Germany
In a recently published decision of 29 January 2008, the Federal Financial Court (Bundesfinanzhof) held that the denial of cross-border loss offset concerning losses arising from tourism activities is incompatible with the EC freedom of establishment.
(a) Facts. The plaintiff is a German national and subject to unlimited tax liability in Germany. In addition to his domestic income from ind…
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