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A query was raised regarding whether it is possible to transform a private civil society into a commercial community of property. The Directorate General for Tax Affairs (DGT) indicates that such a legal transformation is not provided for under Spanish law and that civil societies with a commercial purpose are subject to Corporate Tax.
Cuestión planteada Si es posible la transformación de una sociedad civil particular en una comunidad de bienes de carácter mercantil.
La transformación jurídica de una sociedad civil con personalidad jurídica en una comunidad de bienes no está amparada en la normativa española. Para ser contribuyente del Impuesto sobre Sociedades, una sociedad civil debe tener personalidad jurídica (manifestarse ante la Administración mediante escritura pública o documento privado con NIF) y objeto mercantil (actividad de producción, intercambio o servicios no excluida).
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