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A query was raised regarding whether a community of assets engaged in the bread and pastry industry should be subject to Corporate Tax or remain under the income attribution regime. The DGT ruled that only civil companies with a commercial purpose and fiscal legal personality are taxpayers for Corporate Tax.
Cuestión planteada Si a partir del 1 de enero de 2016 debe tributar por el Impuesto sobre Sociedades o puede continuar en el régimen especial de atribución de rentas.
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 requiere realizar actividades de producción, intercambio o servicios en un sector no excluido (como el agrícola, ganadero, forestal, minero o profesional).
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