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V3547-15 17 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil

Civil societies with commercial purpose and legal personality are taxpayers of Corporate Income Tax

The inquiry asks whether a civil society providing advisory services is subject to Corporate Income Tax. The DGT responds that, having a commercial purpose and legal personality (manifested before the Administration), it must pay Corporate Income Tax from 2016.

The question raised

Question posed: Whether the consulting entity will be a taxpayer for Corporate Income Tax.

The DGT's ruling

To be a taxpayer for Corporate Income Tax, the civil society must possess legal personality (non-secret agreements declared to the Administration with a Tax Identification Number) and a commercial purpose (production, exchange, or service activities not excluded). If the civil society is a Corporate Income Tax taxpayer, the services provided by professional partners are considered income from economic activities if they are within the special Social Security regime. Likewise, if it ceases to be taxed via income attribution, it shall cease to be subject to the VAT equivalence surcharge regime.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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