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Online message – Thursday 06/04/2023
Income Tax | Loss compensation and deduction restrictions for interest rate currency swaps (BFH)
In the case of losses from futures transactions from the participation in a partnership, the determination of the remaining loss carry-forward according to §
15 Abs. 4 i. V. mit §
10d Para. 4 EStG not at the level of the company, but at the level of the shareholders involved in their income tax assessments (; published on
).
Facts: The parties dispute the tax treatment of losses in connection with an interest rate currency swap. The years of dispute are 2011 and 2012.
After an external audit for the years in dispute, an auditor came to the conclusion, among other things, that expenses from a swap agreement (converted into euros) exceeded the payments received by A from the swap agreement by 4…