Revenue Note for Guidance

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Revenue Note for Guidance

111AAI Top-up tax information return

Details

Application

(1) This subsection places an obligation on a constituent entity to prepare and deliver to the Revenue Commissioners a top-up tax information return. The return must contain complete and correct details and be delivered on or before the specified return date. That return must be in accordance with the standard template set out in Section IV of Annex VII of the Directive on Administrative Cooperation, as defined in section 111A(1), and contain the information in subsection (3).

Group filing

(2)(a) Paragraph (a) provides that a constituent entity may appoint another constituent entity located in the State to prepare and deliver to the top-up tax information return to the Revenue Commissioners on behalf of that entity. This appointment must be notified to the Revenue Commissioners. Only one entity in an MNE group or large-scale domestic group as the case may be, may be appointed as a designated local entity.

(2)(b) Paragraph (b) provides that a constituent entity may dispose of its obligation to file a top-up tax information return where the return is delivered to a tax authority in another jurisdiction by the ultimate parent entity or designated filing entity located in a jurisdiction that has a qualifying competent authority agreement in effect with the State for the relevant fiscal year.

(2)(c) Paragraph (c) provides that where the return is filed by an entity under paragraph (b), the constituent entity must deliver a notification of filer, which contains the information set out in subsection (7), to Revenue on or before the specified return date.

(2)(d) Paragraph (d) provides for the mandatory format of a top-up tax information return which is prepared and delivered to a tax authority in a jurisdiction other than Ireland in accordance with paragraph (b).

For the purposes of paragraph (b), a top-up tax information return—

  1. shall be prepared in accordance with—
    1. the standard template set out in Section IV of Annex VII of the Directive on Administrative Cooperation, as defined in section 111A(1), where the ultimate parent entity or designated filing entity, as the case may be, which files the return is located in a Member State, or
    2. the standardised GloBE Information Return set out in the document referred to in paragraph (f) of the definition, in section 111B, of ‘OECD Pillar Two guidance’, where the ultimate parent entity or designated filing entity, as the case may be, which files the return is not located in a Member State,
      and
      is not required to contain the information referred to in paragraphs (da) and (e) of subsection (3).

The information referred to in paragraphs (da) and (e) of subsection (3) relates to information required by the Revenue Commissioners with respect to top-up tax information returns filed in Ireland.

Top-up tax return

(3) This subsection specifies the information to be included in the top-up tax information return. A top-up tax information return shall include:

  • (3)(a) the name, TIN, location and status for the purposes of the Directive of each entity;
  • (3)(b) information on the overall corporate structure of the MNE group or large-scale domestic group, including controlling interests in the constituent entities held by other constituent entities;
  • (3)(c) such information that is necessary to calculate:
    1. the effective tax rate for each jurisdiction,
    2. the top-up tax for each constituent entity,
    3. the top-up tax of a member of a joint venture group, and
    4. the allocation of the top-up tax amount under the qualified IIR and the qualified UTPR for each jurisdiction,
  • (3)(d) a record of the elections made or withdrawn,
  • (3)(da) where the filing constituent entity is an ultimate parent entity or a designated filing entity, as the case may be—
    1. confirmation that it is such an entity, and
    2. the identification of the—
      1. relevant sections of the top-up tax information return, and
      2. jurisdictions that the information shall be distributed to, pursuant to the dissemination approach set out in—
        1. Article 8ae(2) of the Directive on Administrative Cooperation, as defined in section 111A(1), with respect to information to be exchanged in accordance with that Directive with a jurisdiction that is a Member State, and
        2. the definition of ‘dissemination approach’ in the OECD Pillar Two MCAA, with respect to information to be exchanged in accordance with the OECD Pillar Two MCAA with a jurisdiction that is not a Member State.
  • (3)(e) such further particulars in relation to this Part as the Revenue Commissioners may reasonably require.

(4) Where the constituent entity does not have the required information to prepare and deliver a return, that entity shall request the required information from the ultimate parent entity. Where the ultimate parent entity fails to provide such information, the constituent entity shall notify Revenue of that failure.

(5)(a)&(b) Where the ultimate parent entity is located in a third-country jurisdiction that applies rules that have been assessed as equivalent to the rules of the Directive, pursuant to Article 52 of the Directive, the constituent entity or designated local entity must prepare and deliver a top-up tax information return with the information provided for in this subsection. That return must contain all information necessary for the application of section 111H (partially-owned parent entity in the State), all information necessary for the application of section 111M (application of UTPR in territory of ultimate parent entity) and all information necessary for the application of a qualified domestic top-up tax of a Member State.

(6) A return delivered under this section may be amended where that amendment is necessary to correct either an error or mistake or to comply with any provision of this Part.

Notification of filer

(7) This subsection provides the details to be contained on the notification of filer such as:

  • (7)(a) the name of that constituent entity,
  • (7)(b) the TIN of that constituent entity,
  • (7)(c) the name of the entity filing the top-up tax information return,
  • (7)(d) the location of the entity filing the top-up tax information return,
  • (7)(e) the TIN of the entity filing the top-up tax information return, and
  • (7)(f) such other information in relation to this Part as the Revenue Commissioners may reasonably require.

(8) This subsection places an obligation on a qualifying entity (within the meaning of section 111AAB(1)(c)) to prepare and deliver to the Revenue Commissioners a top-up tax information return for an accounting period on or before the specified return date.

(9) This subsection provides that, notwithstanding section 851A which relates to the confidentiality of taxpayer information, the Revenue Commissioners are authorised to communicate to the competent authority of a state the information which is contained in a top-up tax information return, provided that there is a qualifying competent authority agreement in place that provides for the exchange of such information.

Relevant Date: Finance Act 2025