K v. Finland: EU Developments in the Area of Foreign Loss Deduction Rules

Abstract:

This article describes the recent judgment of the Court of Justice of the European Union (the Court) in K. v. Finland. The decision considers a Finnish rule disallowing the deduction of a loss on the sale of property situated in another Member State, when that loss exceeds the amount of foreign income received by the resident taxpayer. The Court has examined the deduction of foreign losses on several occasions in the past. This article is therefore an opportunity to assess whether the Court's recent decision is in line with its earlier case law and to what extent it develops the previously established principles.