How the DGT's position has evolved
Current position
Newly created entities carrying out economic activities may apply the reduced rate of 15% in their first period with a positive tax base and in the following one. To do so, they must not be part of a group, they cannot be investment entities, and the activity must not have been transferred by related parties or carried out by a partner with more than a 50% stake in the previous year. Compliance with these requirements is analyzed at the accrual of the corresponding tax periods.
The DGT's position remains constant in the interpretation of the requirements for the reduced rate for newly created entities. Throughout the rulings, the prohibition of applying this benefit if the activity comes from related parties or from partners with prior majority participation has been reiterated. No changes in criterion are observed, but rather a uniform application of the legal limitations.
Turning points
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Specifies that the benefit does not apply if the activity was previously carried out by related entities or by a natural person with more than a 50% stake.
Analysis based on 31 of 33 rulings with a stated position. Updated 24 September 2026.