In the Finnish case of Re K(CJEU Case C-322/11) Advocate General Mengozzi expressed the opinion that what are now arts 63 and 65 of the TFEU ‘do not preclude a Member State from denying pursuant to a double taxation convention a taxpayer with general liability to tax in that Member State the possibility of deducting a loss incurred on the disposal of an immovable property situated in another Member State from gains on the transfer of shares taxable in the first Member State whereas a taxpayer with general liability to tax in that same Member State may on certain conditions deduct a loss on the transfer of equivalent immovable property situated in that state from capital gains’.
In the Finnish case of Re K(CJEU Case C-322/11) Advocate General Mengozzi expressed the opinion that what are now arts 63 and 65 of the TFEU ‘do not preclude a Member State from denying pursuant to a double taxation convention a taxpayer with general liability to tax in that Member State the possibility of deducting a loss incurred on the disposal of an immovable property situated in another Member State from gains on the transfer of shares taxable in the first Member State whereas a taxpayer with general liability to tax in that same Member State may on certain conditions deduct a loss on the transfer of equivalent immovable property situated in that state from capital gains’.
