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A query was raised regarding whether a civil society formed by lawyers to manage common expenses has a commercial nature. The DGT ruled that, as it is neither a professional activity nor part of the excluded sectors, it must be subject to Corporate Tax.
Cuestión planteada Si la actividad desarrollada por esta sociedad tiene carácter mercantil y si debe tributar como contribuyente del Impuesto sobre Sociedades.
Las sociedades civiles con objeto mercantil son contribuyentes del Impuesto sobre Sociedades. Para tener personalidad jurídica fiscal, deben constituirse por escritura pública o documento privado aportado a la Administración para obtener el NIF. El objeto mercantil consiste en realizar actividades de producción, intercambio o prestación de servicios para el mercado, excluyendo las actividades profesionales, agrícolas, ganaderas, forestales y mineras.
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