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V2533-17 ·9 October 2017 ·consulta-vinculante Medium impact
Tax

Non-declared public utility non-profit associations cannot apply Law 49/2002

A non-profit association linked to a local autonomous body has requested clarification on whether Law 49/2002 applies to it and its implications for Corporate Tax and Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, as it has not been declared of public utility, the law does not apply, although the regime for partially exempt entities under Corporate Tax does.

In 6 key points

How it affects those involved

This ruling clarifies that the tax benefits and specific frameworks provided by Law 49/2002 are strictly reserved for entities that have formally obtained the status of public utility, preventing associations from claiming these specific advantages without the required declaration.

Lifecycle

2017-10-09PublishedPublished 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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