|
By Emilien LEBAS, Valentine PLATEAU, KPMG Luxembourg *
On 25 April 2024, the Luxembourg administrative court of appeal (the Administrative Court” or “the Court) (Cour administrative, 25 avril 2024, n°49336C) issued a judgment to deny a corporate taxpayer (the taxpayer, the claimant or the appellant) the use of its tax losses carried forward. As its shares (therefore its stock of tax losses) were transferred to new shareholders under circumstances that the Administrative Court previously ruled in 2016 as abusive(1), the Court’s position remained the same regarding their use, even though the circumstances considered as abusive in 2016 had subsequently ceased.
This 25 April 2024 judgment is particularly significant compared to another judgment...
|