Filing obligations
Article 44
1. For the purposes of this Article, the following definitions apply: (a) ‘designated local entity’ means the constituent entity of an MNE group or of a large-scale domestic group that is located in a Member State and has been appointed by the other constituent entities of the MNE group or large-scale domestic group located in the same Member State to file the top-up tax information return or submit the notifications in accordance with this Article on their behalf; (b) ‘qualifying competent authority agreement’ means a bilateral or multilateral agreement or arrangement between two or more competent authorities that provides for the automatic exchange of annual top-up tax information returns. 2. A constituent entity located in a Member State shall file a top-up tax information return with its tax administration in accordance with paragraph 5. Such return may be filed by a designated local entity on behalf of the constituent entity. 3. By way of derogation from paragraph 2, a constituent entity shall not have the obligation to file a top-up tax information return with its tax administration if such return has been filed, in accordance with the requirements set out in paragraph 5, by: (a) the ultimate parent entity located in a jurisdiction that has, for the reporting fiscal year, a qualifying competent authority agreement in effect with the Member State in which the constituent entity is located; or (b) the designated filing entity located in a jurisdiction that has, for the reporting fiscal year, a qualifying competent authority agreement in effect with the Member State in which the constituent entity is located. 4. Where paragraph 3 applies, the constituent entity located in a Member State, or the designated local entity on its behalf, shall notify its tax administration of the identity of the entity that is filing the top-up tax information return as well as the jurisdiction in which it is located. 5. The top-up tax information return shall be filed in a standard template and include the following information with respect to the MNE group or large-scale domestic group: (a) identification of the constituent entities, including their tax identification numbers, if any, the jurisdiction in which they are located and their status under the rules of this Directive; (b) information on the overall corporate structure of the MNE group or large-scale domestic group, including the controlling interests in the constituent entities held by other constituent entities; (c) the information that is necessary in order to compute: (i) the effective tax rate for each jurisdiction and the top-up tax of each constituent entity; (ii) the top-up tax of a member of a joint venture group; (iii) the allocation of top-up tax under the IIR and the UTPR top-up tax amount to each jurisdiction; and (d) a record of the elections made in accordance with this Directive. 6. By way of derogation from paragraph 5, where a constituent entity is located in a Member State with an ultimate parent entity located in a third-country jurisdiction that applies rules which have been assessed as equivalent to the rules of this Directive pursuant to Article 52, the constituent entity or the designated local entity shall file a top-up tax information return containing the following information: (a) all information that is necessary for the application of Article 8, including: (i) identification of all the constituent entities in which a partially-owned parent entity located in a Member State holds, directly or indirectly, an ownership interest at any time during the fiscal year and the structure of such ownership interests; (ii) all information that is necessary to compute the effective tax rate of the jurisdictions in which a partially-owned parent entity located in a Member State holds ownership interests in constituent entities identified under point (i) and the top-up tax due; and (iii) all information that is relevant for that purpose in accordance with Article 9, 10 or 11; (b) all information that is necessary for the application of Article 13, including: (i) identification of all the constituent entities located in the ultimate parent entity jurisdiction and the structure of such ownership interests; (ii) all information that is necessary in order to compute the effective tax rate of the ultimate parent entity’s jurisdiction and its top-up tax due; and (iii) all information necessary for the allocation of such top-up tax based on the UTPR allocation formula set out in Article 14; (c) all information that is necessary for the application of a qualified domestic top-up tax by any Member State that has made the election to apply such a top-up tax, in accordance with Article 11. 7. The top-up tax information return referred to in paragraphs 5 and 6 and any relevant notifications shall be filed with the tax administration of the Member State in which the constituent entity is located no later than 15 months after the last day of the reporting fiscal year.