The Amsterdam Court of Appeal ruled that the German losses of X nv cannot be calculated in the Netherlands. The Court of Appeal also states that X nv has not used all legal remedies in Germany to determine whether there are definitively non-deductible losses.

The Norwegian A AS holds, through its subsidiary B bv, the shares in the interested party, X nv. X nv is a limited liability company under Dutch law with its registered office in Germany. X nv has non-deductible German losses and wants to settle these losses in the Netherlands. The inspector does not consider this possible.

The Amsterdam Court of Appeal ruled that the German losses of X nv cannot be calculated in the Netherlands. The Court of Appeal also states that X nv has not used all legal remedies in Germany to determine whether there are definitively non-deductible losses. In doing so, the Court of Appeal extensively analyzes the case law of the CJEU. German law also considers it possible to enforce the legislation. Furthermore, the Court of Appeal finds that X nv has also provided insufficient insight into the realization of the loss. The appeal is unfounded.

[Bron Uitspraak]

Articles of law:

1969 Corporate Tax Act 20