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A query was raised regarding whether a civil company engaged in forestry activities, established via a private document, is liable for Corporate Tax. The Directorate-General for Taxes (DGT) ruled that, as it has a commercial purpose and has declared its existence to the Administration to obtain a Tax Identification Number (NIF), it must be subject to this tax.
Cuestión planteada Si la entidad consultante tiene la consideración de contribuyente del Impuesto sobre Sociedades a partir del 1 de enero de 2015.
Para ser contribuyente del Impuesto sobre Sociedades, la sociedad civil debe tener personalidad jurídica y objeto mercantil. La personalidad jurídica fiscal se adquiere si la sociedad se manifiesta ante la Administración mediante escritura pública o documento privado aportado para la asignación del NIF. El objeto mercantil consiste en realizar actividades de producción, intercambio o servicios en un sector no excluido, como la gestión de lotes de madera.
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