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A query was raised regarding whether a civil company dedicated to loss adjusting must pay Corporate Tax. The DGT ruled that, as it has a commercial purpose and tax legal personality, it is a taxpayer for this tax.
Question raised: Whether this civil society will be a taxpayer of Corporate Income Tax and, if applicable, how to change the legal form of the civil society so as not to be taxed under Corporate Income Tax.
Civil societies with a commercial purpose and legal personality are taxpayers of Corporate Income Tax. To possess fiscal legal personality, they must be constituted by public deed or through a private document submitted to the Administration to obtain a Tax Identification Number (NIF). A commercial purpose implies performing activities of production, exchange, or services, excluding agricultural, livestock, forestry, mining, and professional activities.
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