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V1321-16 31 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil con objeto mercantil

Civil companies with a commercial purpose are subject to Corporate Income Tax, whereas property communities maintain the income attribution regime

A query was raised regarding whether a community of property engaged in trade should be subject to Corporate Tax since 2016. The DGT ruled that communities of property remain subject to the income attribution regime.

The question raised

Question posed: Whether the property community must be subject to Corporate Income Tax as of 2016.

The DGT's ruling

Civil societies with a commercial purpose are taxpayers of Corporate Income Tax if they possess fiscal legal personality, demonstrated through a public deed or private document submitted to the Administration to obtain a Tax Identification Number. A commercial purpose implies activities of production, exchange, or services, excluding agricultural, livestock, forestry, mining, and professional activities. Communities of property, as they are not civil societies with a commercial purpose, are taxed via income attribution according to the Personal Income Tax Law.

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