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A query was raised regarding whether a company can apply the 15% reduced rate as a newly created entity. The DGT indicates that if a company becomes part of a group under the Commercial Code, it is no longer considered a newly created entity.
Cuestión planteada
Para aplicar el tipo reducido del 15%, la entidad debe desarrollar una actividad económica y no formar parte de un grupo según el artículo 42 del Código de Comercio. Si una entidad cumple los requisitos pero en un ejercicio posterior pasa a formar parte de un grupo, dejará de tener la consideración de entidad de nueva creación en dicho periodo y en los siguientes.
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