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A query was raised regarding whether a civil company dedicated to environmental consultancy is liable for Corporate Tax. The DGT ruled that it is, provided it has a commercial purpose and has presented itself as an entity to the Tax Administration.
Cuestión planteada Si la sociedad consultante será contribuyente del Impuesto sobre Sociedades
Para ser contribuyente del Impuesto sobre Sociedades, la sociedad civil debe tener objeto mercantil, entendido como la realización de actividades de producción, intercambio o prestación de servicios para el mercado. Asimismo, debe tener personalidad jurídica a efectos fiscales, lo que ocurre si se constituye en escritura pública o mediante documento privado aportado ante la Administración para la asignación del NIF. Quedan excluidas las actividades agrícolas, ganaderas, forestales, mineras y profesionales.
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