The Federal Fiscal Court (Bundesfinanzhof, BFH) apparently has a heart for stock market investors. According to its judgment – Az. IX R 21/04 – investors can offset their losses from speculative transactions against profits – for all years since 1999. The set-off of the losses does not fail also because of the fact that for the years since 1999 already final tax assessments are present, so RA J. Fiala in its judgement comment. Especially for the successful stock market year 2005, it is interesting to bring in losses in order to save taxes. Prompt formal documentation in the earlier years with a corresponding notice to offset the losses is not required. The possibility of offsetting losses in any year means an optimisation option for a massive tax reduction, especially for those years in which the top tax rate is reached.
(Electropractor 12/2006, 1001)
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About the author
PhD, MBA, MM
Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
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