„Shifting of Losses“ – Gedanken zur grenzüberschreitenden Verlustverwertung im Körperschaftsteuerrecht

Losses and their utilization have always been among the central issues of corporate tax law, both from a national and international perspective. In recent years in particular, the optimal compensation of losses has been the focus of many companies’ tax planning due to the global political environment suffering multiple crises. This raises the question of the extent to which losses can be used at all for tax planning purposes. What regulatory system does Austrian income tax law provide for corporate losses in an international context and is there a necessity for the Austrian legislature to rethink the system for corporate loss utilization? This article is based on the Austrian national report on “Sharing and shifting of corporate losses – The new profit shifting?”, which was written by the authors of this article on the occasion of the 75th Congress of the International Fiscal Association 2023 in Cancún, Mexico.