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V3340-19 4 December 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Communities of property are taxed through the income attribution regime in Personal Income Tax

A query is made as to whether a community of property managing a bar must be taxed under the income attribution regime in Personal Income Tax. The DGT responds that, as it is not a civil society with a commercial purpose, it must continue to be taxed through the income attribution regime.

The question raised

Question posed: Whether a community of property performing an economic activity as a bar must be taxed in accordance with the income attribution regime in Personal Income Tax.

The DGT's ruling

Communities of property are not considered taxpayers for Corporate Income Tax. Therefore, the income obtained shall be attributed to the members in accordance with the income attribution regime regulated in the LIRPF. Only civil societies with a commercial purpose and fiscal legal personality are taxpayers for Corporate Income Tax.

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