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A query was raised regarding whether a civil company engaged in masonry is liable for Corporate Tax. The DGT ruled that, as it possesses a commercial purpose and fiscal legal personality, it must be taxed under this regime.
Cuestión planteada Si la sociedad consultante será contribuyente del Impuesto sobre Sociedades
Para ser contribuyente del Impuesto sobre Sociedades, la sociedad civil debe tener objeto mercantil y personalidad jurídica. El objeto mercantil consiste en realizar actividades de producción, intercambio o servicios para el mercado, excluyendo actividades agrícolas, ganaderas, forestales, mineras o profesionales. La personalidad jurídica fiscal se adquiere si la sociedad se manifiesta ante la Administración mediante escritura pública o documento privado aportado para la asignación del NIF.
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