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A query was raised regarding whether a civil company dedicated to psychiatry and psychology is liable for Corporate Tax. The DGT ruled that it is, as the entity has a commercial purpose and has declared its legal personality 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 personalidad jurídica y objeto mercantil. La personalidad jurídica fiscal se adquiere si la sociedad se constituye en escritura pública o mediante documento privado aportado ante la Administración para obtener el NIF. El objeto mercantil consiste en realizar actividades de producción, intercambio o prestación de servicios para el mercado, excluyendo actividades agrícolas, ganaderas, forestales, mineras y profesionales.
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