Legislator Case Law & Legislation
ECLI:NL:GHARN:1998:AA1231 ECLI:NL:GHARN:1998:AA1231 AI generated

Court allows self-employed lawyer's 1993-1994 losses as taxable income despite no 1995 result.

Case Number ECLI:NL:GHARN:1998:AA1231
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court overturned the tax inspector's decision to deny the taxpayer's losses for 1993 and 1994. Although the taxpayer ceased reporting results in 1995 and the inspector argued the practice was defunct, the court found the taxpayer was still operating as a self-employed lawyer with a reasonable chance of success. Consequently, the losses were recognized as taxable income under Article 6 of the Income Tax Act 1964, reducing the taxable income to zero.

Legislator headnote

AI generated

Art. 6 Wet inkomstenbelasting 1964; Where a self-employed professional continues operations with a reasonable prospect of success despite temporary losses and no reported results in a subsequent year, such losses remain deductible as income from self-employment.

Keywords

AI generated
self-employed lawyer taxable income losses income tax act 1964 business continuity carry back loss tax inspector decision fiscal year 1993

Cited Legislation

AI generated
Art. 6 Wet op de inkomstenbelasting 1964

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