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Treaty between Germany and Switzerland – Federal Financial Court rules on treatment of foreign extraordinary losses in view of exemption-with-progression provision

29 July 2012

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Approved Changes

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Germany; Switzerland

In a recently published decision of 1 February 2012 (I R 34/11), the Federal Financial Court (Bundesfinanzhof) ruled on the question whether foreign extraordinary losses have to be taken into account fully or only partially in view of the exemption-with-progression provision. The Federal Financial Court confirmed the decision of 18 March 2011 (4 K 3477/09 E) of the Financial Court of Münster (Finanzgericht Münster) and held that foreign losses from the sale or closure of a business have to be taken into account fully in view of the exemption-with-progression provision. The domestic law provision, according to which "extraordinary income" is...