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A query was raised regarding whether a civil society dedicated to livestock farming is liable for Corporate Tax. The DGT ruled that, although it possesses fiscal legal personality, its livestock activity is excluded from the commercial scope.
Cuestión planteada Si la entidad consultante es contribuyente del Impuesto sobre Sociedades a partir de 1 de enero de 2016.
Para ser contribuyente del Impuesto sobre Sociedades, la sociedad civil debe tener personalidad jurídica fiscal y objeto mercantil. La personalidad jurídica se reconoce si la sociedad se manifiesta ante la Administración mediante escritura pública o documento privado aportado para obtener el NIF. El objeto mercantil requiere realizar actividades de producción, intercambio o servicios en un sector no excluido. Las actividades agrícolas, ganaderas, forestales, mineras y profesionales se consideran ajenas al ámbito mercantil.
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