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CJEU Holds Czech Republic's Denial of a Loss Incurred Prior to a Change in Tax Residence is Not Contrary to Freedom of Establishment

02 March 2020

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Czech Rep-European Union

A 27 February 2020 decision of the Court of Justice of the European Union (CJEU) was published on whether the Czech Republic's denial of the deduction of prior losses incurred in another Member State following a change in place of effective management and tax residence violates the freedom of establishment. The case involved AURES Holdings, a company incorporated under Netherlands law whose registered seat and place of effective management were in the Netherlands, by virtue of which it was a tax resident of the Netherlands. In the 2007 tax year, AURES incurred a loss of EUR 2,792,87 in the Netherlands,...