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V4300-16 6 October 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sociedad civil

Civil companies with commercial purpose and legal personality are subject to Corporate Tax

A query was raised regarding whether a civil company of translators should be taxed under Corporate Tax or through the attribution of income. The DGT has determined that, as it possesses a commercial purpose and fiscal legal personality, it must be subject to Corporate Tax.

The question raised

Question posed: Whether this civil society is a taxpayer for Corporate Income Tax or if it may continue to be taxed under the income attribution regime.

The DGT's ruling

To be a taxpayer for Corporate Income Tax, a civil society must possess legal personality and a commercial purpose. Fiscal legal personality is acquired if the society manifests itself before the Administration through a public deed or a private document submitted to obtain a Tax Identification Number (NIF). The commercial purpose consists of performing activities of production, exchange, or provision of services in a non-excluded sector, such as agricultural, livestock, forestry, mining, or professional activities.

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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