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V0629-18 8 March 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil

Joint ownerships are taxed via income attribution if they are not civil societies with a commercial purpose

The applicant asks whether a joint ownership established by private document is liable for Corporate Tax. The DGT rules that, as it is a joint ownership and not a civil society with a commercial purpose, it will be taxed under the income attribution regime.

The question raised

Whether the applicant will be a taxpayer for Corporate Income Tax.

The DGT's ruling

To be a taxpayer for Corporate Income Tax, a civil society must have legal personality and a commercial purpose. Fiscal legal personality is acquired through a public deed or a private document submitted to the Administration to obtain a Tax Identification Number (NIF). A commercial purpose implies performing activities of production, exchange, or provision of services, excluding agricultural, livestock, forestry, mining, and professional activities. Asset communities that do not meet these requirements are taxed under the income attribution regime.

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