Tax law and the transfer of losses: A European overview and categorization


Bührle, Anna Theresa ; Spengel, Christoph



URL: https://kluwerlawonline.com/journalarticle/Interta...
Document Type: Article
Year of publication: 2020
The title of a journal, publication series: Intertax : International Tax Review
Volume: 48
Issue number: 6/7
Page range: 564-581
Place of publication: Alphen aan den Rijn
Publishing house: Kluwer Law Internat.
ISSN: 0165-2826 , 1875-8347
Publication language: English
Institution: Business School > ABWL u. Betriebswirtschaftliche Steuerlehre II (Spengel)
Außerfakultäre Einrichtungen > Graduate School of Economic and Social Sciences - CDSE (Economics)
Subject: 330 Economics
Abstract: Most of the European Member States employ anti-loss trafficking rules. They aim to prevent the acquisition of mere corporate shells with high tax loss carryforwards for the tax asset to be utilized in profitable companies. However, other corporations can unintentionally be affected by the antiabuse regulations if there is a change in ownership or activity. The transfer restrictions have been argued to impair start-up financing, as investors are faced with the risk of losing accumulated loss carryforwards in the corporation upon the entering of new or the capital increase of existing investors. This study provides an overview over the design and development of loss transfer restrictions in the EU28 over a time period of nineteen years (2000–2018). Different aspects of the regulations are analysed against the background of their impact on start-ups. Finally, the rules are categorized with respect to their strictness. Over time, more countries introduced restrictions. Simultaneously, the regulations became more lenient, offering start-ups more opportunities to maintain their loss carryforwards and, therefore, decreasing the risk for investors.

Dieser Eintrag ist Teil der Universitätsbibliographie.




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Bührle, Anna Theresa ; Spengel, Christoph (2020) Tax law and the transfer of losses: A European overview and categorization. Intertax : International Tax Review Alphen aan den Rijn 48 6/7 564-581 [Article]


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