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V0247-22 11 February 2022 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidad parcialmente exenta

A trade union is not required to file a Corporate Income Tax return if it meets certain income thresholds

A trade union that only receives income from membership fees inquires whether it must file a Corporate Income Tax return. The DGT responds that, as a partially exempt entity, it is not required to file a return if it simultaneously meets three requirements regarding income and withholdings.

The question raised

Question posed: Given the data referred to above, whether the entity must file a Corporate Income Tax return.

The DGT's ruling

Trade unions are partially exempt entities and must declare the totality of their income. However, they shall not be required to file a return if they simultaneously meet the following: total income of less than 75,000 euros per year, non-exempt income of less than 2,000 euros per year, and all non-exempt income is subject to withholding. Furthermore, they must maintain accounting records that allow for the identification of exempt and non-exempt income and expenses.

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