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A query was raised regarding whether a civil company established in 1997 should be subject to Corporation Tax from 2016 onwards. The DGT ruled that it must, provided it has a commercial purpose and legal personality for tax purposes.
Cuestión planteada Si la entidad consultante debe tributar por el Impuesto sobre Sociedades a partir del 1 de enero de 2016.
Las sociedades civiles con objeto mercantil son contribuyentes del Impuesto sobre Sociedades. Para tener personalidad jurídica a efectos fiscales, deben constituirse en escritura pública o aportar un documento privado ante la Administración para obtener el NIF. El objeto mercantil implica realizar actividades de producción, intercambio o servicios para el mercado, excluyendo actividades agrícolas, ganaderas, forestales, mineras o profesionales.
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