The De facto Companies Tax Challenges (Article 220 of the Iran Commercial Code)

Many believe that de facto Corporations are not commercial due to the lack of legal personality. Here, they are viewed through a new approach from the tax and state rights perspective in order to achieve a healthy economy in the framework of companies’ law. The Commercial companies’ income is the most important tax resources of governments. The de facto corporations’ failure to register themselves as taxpayers result in major tax evasion, tax discrimination, and finally discontent among other taxpayers. The legislators must take actions to reconnaissance legal personality of these companies which have not been registered for the purpose of tax fraud. Since many jurists believe that social order depends on non-recognition of legal personality of these companies, by resorting to such an approach, a question arises from tax law perspective; does social order accepts the above opinion? And is it possible to effectively identify legal personality of these companies by using tax regulations? These questions and their answers are the main subject of this paper. The aforesaid tax approach is the reasonable logic to identify the legal personality of de facto Corporations.