How the DGT's position has evolved
Current position
Newly created entities carrying out economic activities are taxed at 15% during the first and second periods with a positive taxable base. They cannot apply this rate if they are investment entities, if they are part of a group of companies according to Article 42 of the Commercial Code, or if the activity is a transfer of a previous activity from related persons or entities. The group condition must be specifically analyzed during the first two periods with a positive taxable base.
The DGT's position remains stable at the core of the criterion, focused on the prohibition of applying the reduced rate in cases of transfer of activities from related parties or membership in groups. Throughout the rulings, the requirements for an activity to be considered economic have been specified, such as the organization of means in real estate leasing or real estate development. No doctrinal shifts are observed, but rather a constant application of the limitations of the LIS (Corporate Income Tax Law).
Turning points
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Establishes that for real estate leasing to be considered an economic activity, the organization of means is required, mentioning the need for an employee with a full-time employment contract.
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Specifies that the condition of being a group of companies must be specifically analyzed in the first tax period with a positive taxable base and in the immediately following one.
Analysis based on 41 of 45 rulings with a stated position. Updated 23 September 2026.