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V1464-18 30 May 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil

Conversion of a civil society to a limited liability company does not require two income tax declarations

A civil society subject to income tax asks whether its transformation into a limited liability company requires filing two tax declarations in the same year. The DGT confirms that two declarations are not necessary.

The question raised

Question posed: If it transforms into a limited liability company, must it declare Corporate Income Tax twice, once as a civil society and once as a limited liability company?

The DGT's ruling

The transformation of the legal form does not determine the termination of the tax period nor the necessity of filing two returns within the same year if neither the legal personality nor the tax regime is altered. As no change in the type of levy or tax regime occurs, the operation does not generate income nor do the circumstances of Article 27.2 of the LIS are met.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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