Why the GIR instructions were updated
This nine-page January 2025 publication was approved on 8 November 2024. It updates Commentary that had anticipated a future standardised GloBE Information Return, after the template was published on 17 July 2023 and revised on 15 January 2025. GIR data supports risk assessment and verification of constituent-entity top-up tax. GloBE is a common approach: jurisdictions need not adopt it, but adopters should implement consistently, respect rule order and agreed safe harbours. The standard template aims to reduce duplicate reporting while giving authorities reliable information. The document is reporting guidance, not a replacement for the Model Rules, later guidance or each jurisdiction’s tax return and payment law.
One basis for each GIR section
Different domestic implementations can produce different figures for the same GIR data point, especially early in implementation. Peer review and monitoring should reduce inconsistencies over time. The centralised return nevertheless needs a single basis. Normally complete GIR data points using the GloBE Model Rules and Commentary, particularly where several jurisdictions have taxing rights. Qualified domestic laws are expected to align with them, so that basis should generally provide a reasonable risk-assessment source. The revised Article 8.1.5 instructions refer to the published template’s data points and explanatory guidance, rather than leaving their development to the future.
Two limited exceptions use the relevant domestic law
Detailed computations for a jurisdiction or subgroup must instead use the relevant domestic legislation where it qualifies for the QDMTT Safe Harbour and the switch-off rule does not apply, or where only one jurisdiction has taxing rights under GloBE over that jurisdiction or subgroup. In the first case the relevant law is that of the QDMTT safe-harbour jurisdiction; in the second it is that of the sole taxing jurisdiction. This avoids a second Model-Rule calculation when the group only needs the domestic calculation and gives the taxing authority the information it actually assesses. Do not extend the exception to all data merely because one entity is subject to a domestic top-up tax.
Disclose the impact of differences and use targeted follow-up
When the single GIR basis differs from an implementing jurisdiction’s law, disclose the effects on the specified key indicators. Administrations may need additional detail to verify their domestic top-up tax. The normal approach is a focused information request or follow-up, rather than mandatory automatic extra local information returns for all groups. GIR information should normally identify whether a difference creates a real risk requiring investigation. This preserves the centralised filing benefit while allowing authorities to test the domestic liability.
Constitutional constraints permit necessary proportionate local filings
Some jurisdictions cannot legally accept data not matching their domestic legislation because of constitutional or administrative-law constraints. They may collect additional information through a local information return or domestic tax return, specifically about disclosed differences. Requirements should be necessary and proportionate and impose no more burden than needed. Where legally feasible, a group reporting no differences should be released from the additional disclosures. A discrepancy may require a corrected local information return. None of this prevents ordinary domestic tax returns, supporting information or payment duties. The guidance therefore does not promise that central GIR filing eliminates every local filing.
The precise Commentary amendments
The package removes obsolete wording anticipating a standard template in Article 8.1.4 paragraph 13 and adds paragraph 23.1 identifying the published and updated GIR. It revises Article 8.1.5 paragraph 24 to point to the template’s instructions and adds paragraphs 24.1–24.4 covering the single basis, limited domestic-law exceptions, difference disclosures and follow-up, and specific legal constraints. Use the required GIR edition and relevant domestic implementation when applying those provisions; a general summary cannot select a filing basis without the group’s taxing-rights and safe-harbour facts.
Official source
This article independently explains the substantive contents of the official PDF, including the relevant conditions, procedures and annexes. The linked document remains the authoritative source for its original wording, and later changes should be checked separately.
Read the official PDF ↗