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A query was raised regarding whether the lack of activity by a company belonging to a tax group results in the loss of its membership status. The DGT has ruled that inactivity does not constitute grounds for exclusion from the tax consolidation regime.
Cuestión planteada - Si la inactividad de alguna de las sociedades que forman parte del grupo fiscal implica la pérdida de su condición de miembro del grupo fiscal
El artículo 58 de la LIS establece las circunstancias que suponen la exclusión de un grupo fiscal, pero no incluye la falta de actividad económica. Por tanto, las sociedades que cumplan los requisitos de ser dependientes deben formar parte del grupo fiscal, independientemente de si son inactivas.
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