CURATED
29 September 2023

Carry Forward Losses And Advance Tax Clearance Regarding A Financing Activity

CS
Chevalier & Sciales
Contributor
Chevalier & Sciales is a Luxembourg law firm, founded in 2005, offering specialized expertise in a broad range of areas. These encompass investment funds, tax, litigation, arbitration and dispute resolution, banking, finance and capital markets, corporate transactions, and private wealth management.
A company is not permitted to carry forward losses accrued during the years covered by a prior advance tax clearance.
Luxembourg Finance and Banking
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Luxembourg Administrative Court, 16 May 2023, No. 48.366C

The deduction of losses carried forward is only permissible to the extent that the losses could not be offset against other net income during the tax year corresponding to the financial year in which these losses arose. Moreover, tax losses must be utilised as promptly as possible, and a taxpayer is not entitled to spread them over multiple years in the presence of positive taxable income.

A company is not permitted to carry forward losses accrued during the years covered by a prior advance tax clearance. Consequently, they cannot offset them with positive income generated from the first year not covered by such advance tax clearance.

Should you have any inquiries or require expert guidance pertaining to the information provided, our tax team is available to assist you. Please feel free to contact us.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

CURATED
29 September 2023

Carry Forward Losses And Advance Tax Clearance Regarding A Financing Activity

Luxembourg Finance and Banking
Contributor
Chevalier & Sciales is a Luxembourg law firm, founded in 2005, offering specialized expertise in a broad range of areas. These encompass investment funds, tax, litigation, arbitration and dispute resolution, banking, finance and capital markets, corporate transactions, and private wealth management.
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