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V0379-20 19 February 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidades de nueva creación

Reduced 15% rate applicable to new entities if activity is not transferred from a related party

A query was raised regarding whether an entity incorporated in 2017 could apply the 15% rate as a new entity. The DGT indicates that this rate may be applied provided the entity carries out an economic activity and has not received said activity from a related entity or a shareholder with more than a 50% stake.

The DGT's ruling

Newly created entities carrying out economic activities shall be taxed at 15% in the first period with a positive base and in the following period. This rate shall not apply if the activity was previously carried out by related entities and transferred to the new entity, or if it was exercised the previous year by a natural person with more than 50% participation in the entity. In the specific case, if the activity of entity A was not transferred to the applicant, the latter could apply the reduced rate.

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