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In its judgement on 16 July 2025 (file no. I R 1/23) the Federal Fiscal Court (so-called Bundesfinanzhof – BFH) handed down a decision with practical relevance on the utilisation of losses when a change of control occurs during the year. Particularly important is that a loss carry-back under section 10d of the Income Tax Act (so-called Einkommensteuergesetz - EStG) remains possible if an acquisition that is detrimental under section 8c of the Corporation Tax Act (KStG) has been made. The judgement creates new room to manoeuvre for restructuring and transferring participating interests.