Loss offsetting restriction for shares put to the test

The Federal Constitutional Court must examine whether losses from the sale of shares can also be offset against other investment income.

The Federal Fiscal Court considers the restriction of the offsetting of losses from the sale of shares solely to gains from other share transactions to be unconstitutional unequal treatment. It argues that the regulation treats capital investors differently, without a justifiable reason, depending on whether they have realized losses from the sale of shares or from the sale of other capital investments. The Federal Fiscal Court has therefore appealed to the Federal Constitutional Court and referred the question to it for review as to whether the loss offset restriction is unconstitutional in its current form.