German Constitutional Court Holds Loss Carry Forward Restrictions on Change of Ownership Unconstitutional

A decision of the German Federal Constitutional Court was published on 12 May 2017 that confirmed the findings of a lower court in 2011 that certain aspects of the loss carry forward restrictions in relation to change of ownership are unconstitutional. The provisions in question are under Section 8C of the Corporate Income Tax Act, which generally provides that when there is a greater than 50% change of share ownership within a five-year period, the loss carry forward prior to the change are …