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V2603-14 6 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidades de nueva creación

Reduced Corporation Tax rates inapplicable to entities incorporated before 2013

An entity incorporated in 2010 requested clarification on whether it could apply the reduced Corporation Tax rates of 15% and 20% for new companies. The Directorate General for Taxes (DGT) ruled that it cannot, as the regulation requires incorporation to have taken place from 2013 onwards.

The question raised

Question raised: Whether the reduced Corporate Tax rate of 15% up to 300,000 euros of taxable base and 20% on the excess, as provided for in Royal Decree-Law 4/2013, of February 22, on measures to support entrepreneurship and stimulate growth and job creation, would be applicable to it.

The DGT's ruling

The tax scale for newly created entities only applies to those incorporated on or after January 1, 2013. As the entity was incorporated in 2010, it does not meet the temporal requirement of the nineteenth additional provision of the TRLIS.

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