Case C-686/13: Judgment of the Court (Second Chamber) of 10 June 2015 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — X AB v Skatteverket (Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Holdings for business purposes — Legislation of a Member State exempting capital gains and, by the same token, excluding deduction of capital losses — Transfer by a resident company of shares in a non-resident subsidiary — Capital loss resulting from a currency loss)
C2702015EN510120150610EN00055151
Judgment of the Court (Second Chamber) of 10 June 2015 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — X AB v Skatteverket
(Case C-686/13) ( 1 )
‛(Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Holdings for business purposes — Legislation of a Member State exempting capital gains and, by the same token, excluding deduction of capital losses — Transfer by a resident company of shares in a non-resident subsidiary — Capital loss resulting from a currency loss)’2015/C 270/05Language of the case: Swedish
Referring court
Högsta förvaltningsdomstolen
Parties to the main proceedings
Applicant: X AB
Defendant: Skatteverket
Operative part of the judgment
Article 49 of the TFEU must be interpreted as meaning that it does not preclude the tax legislation of a Member State which, in principle, exempts capital gains on holdings for business purposes from corporation tax and, by the same token, excludes the deduction of capital losses on such holdings, even where those capital losses are due to currency losses.
( 1 ) OJ C 71, 8.3.2014.
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