Cahiers de Droits Fiscal International - Volume LXXXIIIa 1998 Tax Treatment of Corporate Losses

The tax treatment of corporate losses is a broad, important subject, making it a topic ripe for coverage in a single, reliable resource. This work provides that needed coverage, addressing the tax treatment of corporate losses constituting real economic losses in companies, both domestic and cross-border. The book begins by examining the tax treatment of losses in a company organised as a single entity. This includes a discussion of time restrictions concerning the axxes to carry-forward and carry-back losses and other restrictions, such as basket limitations, restrictions concerning changes in the ownership of tax-loss companies, and anti-avoidance provisions. The work then examines the tax treatment of losses within a group. Again, both domestic and foreign losses receive attention. An evaluation of countries policy reasons for applying the various rules and restrictions on carrying over corporate losses receives particular attention. The subject matter gives rise to a number of difficult, complex problems relating to national law, European Union law, and tax treaty law. Legal and economic concerns add another layer of conflicting vieuws. By providing and comparing the reports of a range of states, this work heighens awareness of the various issues and perspectives involved.