The Austrian tax administration revoked some published opinions that allowed the use of losses of foreign EU subsidiaries by reorganizations. Peter-Michael Grau and Markus Christoph Stefaner point out that the community law arguments which the tax administration put forward when publishing the opinions are still valid and seem to be supported by the Marks & Spencer II case. If taxpayers have relied on the statements of the tax administration that have now been withdrawn, it is questionable whether tax loss carry-forward previously recognized by the tax authority may retroactively be disregarded. In that case, the taxpayers should be able to prevent adverse tax effects by relying on a recent ordinance issued by the Austrian Ministry of Finance on waiving tax claims in case the taxpayer trusted qualified information by the tax administration.