Skip to content
Back to index
V2450-16 6 June 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil

Joint ownerships without legal personality are taxed via income attribution under Personal Income Tax

The applicant asks whether their joint ownership (comunidad de bienes) should be taxed under Corporate Tax or continue under Personal Income Tax. The DGT rules that, as it lacks fiscal legal personality, it must continue to be taxed under the income attribution regime.

The question raised

Whether the consulting entity shall be considered included in Article 7.1.a) of Law 27/2014, of November 27, on Corporate Income Tax, or whether, conversely, during the 2016 fiscal year and subsequent years, it will continue to be taxed under Personal Income Tax as an entity subject to income attribution.

The DGT's ruling

To be a taxpayer for Corporate Income Tax purposes, a civil society must possess 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). If the entity does not meet these requirements, its income shall be attributed to the partners in accordance with Personal Income Tax regulations.

Book your free first meeting