09 July 2018 CJEU rules loss of PE may be available to offset profits of jointly-taxed Danish companies The Court of Justice of the European Union (CJEU) decided case C-28/17, NN on July 4, and held that Danish tax law was incompatible with the freedom of establishment under Article 49 of the Treaty on the Functioning of the European Union (TFEU). The CJEU determined that the loss of a Danish permanent establishment (PE) could not be offset against the profits of jointly-taxed Danish group companies in a situation where the loss could, in fact, not be offset against the taxable income of the nonresident company in its state of residence. Document ID: 2018-1347 |
