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A query was raised regarding whether a joint ownership formed by a married couple should be subject to Corporation Tax. The DGT ruled that joint ownerships continue to be taxed under the income attribution regime.
Cuestión planteada Si la comunidad de bienes debe tributar por el Impuesto sobre Sociedades.
Para ser contribuyente del Impuesto sobre Sociedades, una sociedad civil debe tener personalidad jurídica y objeto mercantil. La personalidad jurídica fiscal requiere que la sociedad se haya manifestado ante la Administración mediante escritura pública o documento privado aportado para la asignación del NIF. Las comunidades de bienes no cumplen estos requisitos y, por tanto, tributan por el régimen de atribución de rentas.
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