Spain Issues Draft Pillar 2 Forms for Registration, GIR and the Top-Up Tax Return

General

On June 3, 2025, Spain issued the draft Pillar 2 forms  for public consultation. This includes Form 240 (registration), Form 241 (the GIR) and Form 242 (the top-up tax return). The consultation period runs until June 24, 2025.

Form 240

Form 240 is to comply with the registration requirements under Article 18 of the Regulations (Royal Decree 252/2025).

Article 18(1) of the April 2025 Regulations provides that any constituent entity located in Spain that forms part of a large multinational or domestic group is required to file an information return with the tax authority. It must notify the Tax Authority of the identification, the start and end date of the tax period and the country or territory in which the ultimate parent entity is located, when the latter is required to file the return or, if it is not required to file the return, it must notify the Tax Authority of the identification and the country or territory in which the entity designated to file the return is located.

Note that this can be submitted as a single registration form for all constituent entities located in Spanish territory that are part of an MNE or large domestic group.

This must be filed at least 3 months before the GIR filing deadline.

Form 240 requires basic information on the filing entity, the constituent entities in Spain and the group structure. 

For periods before March 31, 2025 the submission deadline is between May and June 2026.

Form 241

Section 47(2) of the Law states that a constituent entity located in Spain is required to submit a GloBE Information Return (GIR) no later than 15 months after the end of the tax period (increased to 18 months for the first year). For periods before March 31, 2025 the submission deadline is between May and June 2026.

However, this obligation can be discharged if the GIR is filed by:

-The Ultimate Parent Entity,

-A Local Filing Entity; or

-The Designated Filing Entity.

The published Form 241 is to provide for the GIR, however, this is a list of information that will be contained with the electronically filed GIR that is based on the XML schema and user guide approved by the OECD.

Form 242

Article 50 of the Law requires that a Top-Up Tax Return must be filed  within 25 calendar days following the 15^th  month (18^th month for the transitional year) after the end of the tax period (but not before June 30, 2026).

Form 242 is the template for the top-up tax return that will be filed electronically.  

It requires the following information:

– Identification of the relevant tax period 

– Information on the reporting entity, including whether the filing is made as a Substitute taxpayer. Section 6(5) of the law provides that one of the following entities of a large multinational or national group shall be considered as a substitute for the constituent entity for tax return filing and payment purposes (in this order):

        – the ultimate parent entity when it is located in Spanish territory, providing it is not an excluded entity or

        – the Spanish parent entity whose net book value of the tangible assets is, in the tax period, the highest of the group, providing it is not an excluded entity or

        – the Spanish CE whose net book value of the tangible assets is, in the tax period, the highest of the group, providing it is not an excluded entity

– Information on the MNE or large domestic group  

– Information on the ultimate parent entity 

– Identification on the GIRs submitted 

– For the IIR, whether the taxpayer is an ultimate parent entity, intermediate parent entity or partially owned parent entity .

– Information on the top-up tax payable under the QDMTT or IIR and the relevant split (where relevant) between Spain and the Basque Region (including Navarre). 

Law No. 3/2025 of April 29, 2025 modifies the Economic Agreement with the Basque Region so that for the Basque Region (including Navarre), the substitute taxpayer (see above) will file the self-assessment of the global minimum tax and pay the tax to the Spanish State Administration or the Basque State Administration based on the rules established for the levy of Corporation Tax (or for the IRNR for permanent establishments).

In general, if the fiscal domicile is in the Basque region (inc Navarre), the tax is paid to the Basque competent authority if turnover in the previous year did not exceed 12 million euros.

If turnover exceeds this then the tax is paid according to Article 15 of the Economic Agreement and, irrespective of tax residence, the tax is paid to both the Basque and Spanish State Administration in proportion to the volume of operations carried out in each territory during the year. Form 242 includes a table to identify the volume of operations carried out in each territory to calculate the allocation of the top-up tax.