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V5470-26 13 August 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidad de nueva creación

15% reduced tax rate inapplicable if new entity is part of a corporate group

A single-member limited company incorporated in 2021 enquired whether it could apply the 15% tax rate intended for new entities. The DGT ruled that it cannot, as its sole shareholder exercises control over the entity.

The question raised

Question posed: Whether the consulting entity may apply the reduced tax rate provided for newly created entities in Article 29.1 of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

The reduced rate of 15% for newly created entities does not apply if the entity is part of a group pursuant to Article 42 of the Commercial Code. As the entity is controlled by its sole shareholder, it does not meet this requirement. However, other reduced rates based on turnover could apply if it is not a holding company.

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