How the DGT's position has evolved
Current position
The reduced rate of 15% for newly created entities is not applicable if the entity is part of a group according to Article 42 of the Commercial Code. Membership in a group, even under the control of a sole shareholder, excludes this tax benefit. In such cases, the entity must evaluate the application of other reduced rates based on turnover.
The DGT's position has remained constant regarding the exclusion of tax benefits when there is a transfer of activities from related entities. Recently, the doctrine has focused on the exclusion of this reduced rate for entities that, even if newly created, are part of corporate groups according to the Commercial Code.
Turning points
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Establishes that the transfer of economic activity previously carried out by related persons or entities prevents the application of the reduced tax scale.
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Determines that membership in a group according to Article 42 of the Commercial Code strips the entity of its status as a newly created entity for the 15% reduced rate.
Analysis based on 19 of 21 rulings with a stated position. Updated 25 September 2026.