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V2793-16 ·21 June 2016 ·consulta-vinculante Medium impact
Tax

Unincorporated joint ownerships without commercial purpose are taxed via income attribution

A query was raised regarding whether a joint ownership (comunidad de bienes) engaged in carpentry should be subject to Corporate Tax since 2016. The Directorate General for Taxes (DGT) ruled that, as it fails to 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 ruling clarifies that joint ownerships lacking legal personality and a commercial objective cannot transition to the Corporate Tax regime and must remain under the income attribution rules.

Lifecycle

2016-06-21PublishedPublished 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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