How the DGT's position has evolved
Current position
Newly created entities carrying out economic activities may apply the 15% rate during their first two tax periods with a positive taxable base. However, this benefit is excluded if the entity is part of a group of companies pursuant to Article 42 of the Commercial Code. The group status must be specifically verified in the first period with a positive base and in the following one.
The DGT's position remains constant in applying the concept of a group of companies under Article 42 of the Commercial Code to limit tax benefits. A recurring application of this criterion is observed both for the exemption from IAE (Business Activities Tax) and for the exclusion of reduced rates for newly created entities. No changes in doctrine are detected, but rather the application of the same concept to different matters.
Analysis based on 45 of 49 rulings with a stated position. Updated 20 September 2026.