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V5285-16 ·14 December 2016 ·consulta-vinculante Medium impact
Tax

Joint ownerships are taxed via income attribution if they lack commercial purpose or fiscal legal personality

A query was raised regarding whether a joint ownership (comunidad de bienes) engaged in packaging manufacturing is subject to Corporate Tax. The DGT ruled that, as it is a joint ownership rather than a civil society with a commercial purpose, it continues to be taxed under the income attribution regime.

In 6 key points

How it affects those involved

This confirms that the absence of a commercial purpose prevents a joint ownership from being treated as a corporate taxpayer, maintaining its status under the income attribution regime.

Lifecycle

2016-12-14PublishedPublished 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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