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A query was raised regarding whether a civil company engaged in commercial agency activities should be subject to Corporate Tax since 2016. The DGT ruled that it must, as it possesses 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.
Para ser contribuyente del Impuesto sobre Sociedades, la sociedad civil debe tener personalidad jurídica y objeto mercantil. La personalidad jurídica fiscal se adquiere mediante escritura pública o documento privado aportado a la Administración para obtener el NIF. El objeto mercantil consiste en realizar actividades de producción, intercambio o servicios para el mercado, excluyendo actividades agrícolas, ganaderas, forestales, mineras y profesionales.
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