On 30 March 2023, the Administrative Court of Luxembourg (the ‘Court’, court of first instance) rendered a decision in a case concerning the use of tax losses by a Luxembourg company.
On 25 April 2024, the Administrative Court (the ‘Court’) cancelled this decision. The Court disagreed with the Court of First Instance's analysis that the use of tax losses carried forward from the taxpayer's previous shareholding activity to offset a capital gain realised on the sale of a Luxembourg property would constitute an abuse of rights.
Read the full article, written by our Tax Partner & Head of Transfer Pricing, Oliver R. Hoor, here below.