In its decision from 25/9/2001 the Supreme Administrative Court has ruled that foreign losses diminish the domestic tax base even if profits from the same source would have to be discarded from the domestic tax base according to the applicable tax treaty. In order to avoid double deduction of losses, they have to be taxed domestically as soon as they can be used to reduce the tax base in the originating country. However, to avoid a (possibly administrative demanding) subsequent domestic taxation in following years, the tax authorities have in the last years established an administrative practice which makes it possible not to take such losses into account for domestic tax purposes in the year of their origin in the first place. Now, the ruling of the Supreme Administrative Court has (as part of the Tax Reform Act 2005) for the first time been included in the Austrian Income Tax Code. The article investigates the situation concerning the non-utilization of foreign losses given this new legislation.