Skip to content
Back to index
V2683-17 23 October 2017 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidades sin fines lucrativos

A public limited company cannot apply for partial Corporation Tax exemption

A public limited company dedicated to promoting amateur sports has requested clarification on whether it can qualify as a partially exempt entity for Corporation Tax purposes. The Directorate-General for Taxes (DGT) ruled that, as a capital company with a commercial nature, it is ineligible to apply this exemption regime.

The question raised

Whether the consulting entity is considered partially exempt from Corporate Income Tax under the provisions of Article 9.3 of Law 27/2014, of November 27.

The DGT's ruling

The consulting entity, being a public limited company, does not meet the legal forms provided for in Article 2 of Law 49/2002. Due to its commercial nature regulated by the Capital Companies Act and the Commercial Code, it is a taxable entity and not exempt. Consequently, it cannot apply the regime for partially exempt entities under Corporate Income Tax.

Book your free first meeting