A FINAL DEFAULT OF A SHAREHOLDER LOAN MUST BE TAKEN INTO ACCOUNT AS A LOSS ON INCOME FROM CAPITAL ASSETS – THIS IS WHAT SHAREHOLDERS SHOULD CONSIDER IN THE FUTURE
The Federal Court of Finance assed an interesting decision (file no. VIII R 13/15), regarding the decision of the BFH (file no. IX R 36/15) in Q4: Accordingly, the final default of a loan leads to a loss recognized for tax purposes which must be taken into account on income from capital assets. It can be assumed that this also applies to shareholder loans and a shareholder may even benefit from a higher tax recognition than with a consideration as subsequent acquisition costs.