Question juridique clé
Whether losses from 2003-2008 could be deducted in the 2009 tax period as business losses
Solution extraite
No. Prior-year losses cannot be deducted in 2009 under Art. 27(2)(b) DBG because they were not losses incurred in the current tax year; any missed loss recognition had to be challenged in the respective prior-year assessments.
Motifs extraits
Loss carry-forward under Art. 211 DBG is limited to losses that could not be taken into account in the relevant prior years. The taxpayers failed to contest the earlier assessments, so the issue was time-barred in this proceeding.