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V1966-16 ·9 May 2016 ·consulta-vinculante Medium impact
Tax

Joint ownerships without legal personality or commercial purpose taxed via income attribution

A query was raised regarding whether a joint ownership formed by two spouses for a hairdressing business should be subject to Corporate Tax. The DGT ruled that, as it does not meet the requirements of legal personality and commercial purpose, it continues to be taxed under the income attribution regime.

In 6 key points

How it affects those involved

This confirms that joint ownerships (comunidades de bienes) that lack a commercial purpose or formal legal personality will not be treated as corporate entities, maintaining their status for individual income tax purposes through income attribution.

Lifecycle

2016-05-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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