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Cross Border Loss Relief

Massawe, Lydia Manka LU (2012) In LUP HARN60 20121
Department of Business Law
Abstract
The problem to be examined in this research is on the tax treatment of losses in cross border situations as addressed in the European cases and the adaptation or implementation of the final decision of the European Court of Justice (ECJ) by different European states to their respective national laws as required by the EU law . The main issue was on the transfer of losses between different independent companies, belonging to the same group, located in different jurisdictions. The specific scenario was in the case C-446/03 Marks & Spencer plc vs. David Halsey (His Majesty’s Inspector of Taxes) (Marks & Spencer) which involved the transfer of losses from foreign subsidiaries (in France, Belgium and Germany) to parent company (in the UK). The... (More)
The problem to be examined in this research is on the tax treatment of losses in cross border situations as addressed in the European cases and the adaptation or implementation of the final decision of the European Court of Justice (ECJ) by different European states to their respective national laws as required by the EU law . The main issue was on the transfer of losses between different independent companies, belonging to the same group, located in different jurisdictions. The specific scenario was in the case C-446/03 Marks & Spencer plc vs. David Halsey (His Majesty’s Inspector of Taxes) (Marks & Spencer) which involved the transfer of losses from foreign subsidiaries (in France, Belgium and Germany) to parent company (in the UK). The problem analyzed in this paper lies on those circumstances in the case and to find out then, whether this is possible? If so, to what extent and to which effect? (Less)
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author
Massawe, Lydia Manka LU
supervisor
organization
alternative title
Group Taxation
course
HARN60 20121
year
type
H1 - Master's Degree (One Year)
subject
keywords
final losses, Marks & Spencer case, losses, group taxation, Cross border losses
publication/series
LUP
language
English
id
2858457
date added to LUP
2014-01-27 10:27:17
date last changed
2014-01-27 10:27:17
@misc{2858457,
  abstract     = {The problem to be examined in this research is on the tax treatment of losses in cross border situations as addressed in the European cases and the adaptation or implementation of the final decision of the European Court of Justice (ECJ) by different European states to their respective national laws as required by the EU law . The main issue was on the transfer of losses between different independent companies, belonging to the same group, located in different jurisdictions. The specific scenario was in the case C-446/03 Marks & Spencer plc vs. David Halsey (His Majesty’s Inspector of Taxes) (Marks & Spencer) which involved the transfer of losses from foreign subsidiaries (in France, Belgium and Germany) to parent company (in the UK). The problem analyzed in this paper lies on those circumstances in the case and to find out then, whether this is possible? If so, to what extent and to which effect?},
  author       = {Massawe, Lydia Manka},
  keyword      = {final losses,Marks & Spencer case,losses,group taxation,Cross border losses},
  language     = {eng},
  note         = {Student Paper},
  series       = {LUP},
  title        = {Cross Border Loss Relief},
  year         = {2012},
}