No Cross-Border Loss Relief for Losses from Passive Investment by Private Individuals in the Event of a Disparity

Journal
Meussen, G.T.K.
European Union
European Taxation 2014 (Volume 54), No. 4
PriceUSD 45

In this note the author examines the ECJ's decision in K (Case C-322/11) from the general perspective of cross-border loss relief, and sheds some light on the future with regard to this issue. What is particularly interesting is the fact that this case does not deal with foreign business losses but with losses from passive foreign investment of a private individual. The case challenges the boundaries of the Marks & Spencer doctrine.