Finland – AG Kokott’s Opinion in A Oy (C-123/11) on cross-border mergers and loss utilization

EU direct tax group newsflashes ()

According to AG Kokott‟s Opinion in A Oy (C-123/11) of 19 July 2012, neither the Merger Directive nor the freedom of establishment of Article 49 TFEU precludes the Finnish measures denying the transfer of tax losses generated by a Swedish subsidiary to its Finnish parent company in case of a cross-border merger.