Not impacted interim tax payment decreases the profit resulting from the trasmission of the non monetary property acquired

Commentary on the Tribunal Supremo judgment of 6 October 2011, appeal number 2249/2008

Abstract

In the first pronouncement on the field, totally against the stated by the Administration, the Tribunal Supremo clarifies that the feature of the interim tax payment that hasn’t been impacted to the employee/taxpayer, works, at the time of its transmission, as one of the elements which reduces the amount of the acquisition price of the non monetary property. The court continues the doctrine initiated by other lower courts for the sake of establish, possibly, a precedent in this area.