255. Loss Disallowance: Injection of New Assets
Mondaq Business Briefing › Germany Law Articles in English (2002)
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255. Loss Disallowance: Injection of New Assets
Thomas Sauter, KPMG Frankfurt
For editorial cut-off date, disclaimer, and notice of copyright see end of this article. 1. New loss utilisation decisionThe lead article of German News no. 3/1998 (sec. 2.2 of article no. 148) reported on the Federal Tax Court (FTC) judgement of 13 August 1997 construing the term "new business assets" (neues Betriebsvermögen) in § 8 (4) KStG, a statute designed to prevent the loss carryforwards of corporate shells from being used for tax avoidance purposes. In August 2001, the Federal Tax Court rendered its second major decision on § 8 (4) KStG (judgement of 08 August 2001 - I R 29/00 - DStR 2001, 1974). This decision likewise...See the full content of this document
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