The Political-Administrative Chamber of the Supreme Court recently Issued Two Very Important Tax-Related Decisions

This article was written by members of the Tax Department of Torres, Plaz & Araujo

1. On 1^st October, a decision was issued in the "Domínguez & Cía" case, finding that compensation can be applied to extinguish debts derived from BAT twelfths, as these represent liquid and payable obligations. This goes against the position taken by the Tax Administration since the tax first appeared and ratifies the criteria already adopted by the Superior Contentious-Tax Courts.

2. On 25^th September, a decision was issued in the "Fundición Metalúrgica Lemus" case, declaring that losses derived from the application of the inflation adjustment may in fact be carried forward. This criterion does not refer to the current Income Tax Law (which allows carrying forward for one fiscal year) but to the 1994 Income Tax Law, which was silent in this regard.