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A query was raised regarding whether a newly created entity can apply the 15% reduced tax rate after receiving an activity from a shareholder. The DGT ruled that this is not possible if the activity was previously carried out by a related shareholder and subsequently transferred to the company.
Cuestión planteada
Para que una entidad de nueva creación no pierda el tipo reducido del 15%, no debe haber recibido la actividad económica de personas o entidades vinculadas. Si la entidad desarrolla la misma actividad que venía realizando un socio vinculado y esta le ha sido transmitida, no podrá aplicar el tipo de gravamen reducido.
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