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Tax Group's Legal Alert, December 2004

The Supreme Administrative Court gave on 22 October 2004 a decision, KHO:2004:93, regarding the share swap situation. According to this decision the fees paid to advisers could not be de-ducted as annual cost in taxation, even though this had been done in accounting.

The Supreme Administrative Court gave on 22 October 2004 a decision, KHO:2004:93, regarding the share swap situation. According to this decision the fees paid to advisers could not be de-ducted as annual cost in taxation, even though this had been done in accounting. The adviser fees were considered to relate to the acquisition of shares, which lead to a conclusion that those ex-penses were deemed to be a part of the acquisition cost of the shares.

 

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