Pillar II: Austrian QDMTT return published

For Austrian companies and permanent establishments (“constituent entities”) of groups within the scope of the Global Minimum Tax (Pillar II), the deadline for filing the QDMTT return (Qualified Domestic Minimum Top-up Tax return) is approaching. The QDMTT return is the Austrian Pillar II tax return in which the top-up tax payable in Austria must be declared. Nil returns must also be filed (in particular where the CbCR safe harbour applies). The relevant form has now been published on the FinanzOnline platform of the Austrian tax administration.

• The Austrian QDMTT return must be filed by 31 December 2026 if the fiscal year corresponds to the calendar year ending on 31 December 2024. For fiscal years 2024/25 that do not correspond to the calendar year, the deadline is 31 December 2027.
• Any top-up tax payable in Austria must also be paid by that date.
• The obligation to file the QDMTT return (and to pay any top-up tax) applies to only one Austrian constituent entity, regardless of how many Austrian constituent entities the group has. This is the so-called “Pillar II taxpayer”. This entity is not necessarily the same constituent entity that submitted the notification regarding the submission of the GloBE Information Return (“GIR Notification”). Rather, the Pillar II taxpayer is determined according to the following rules:
  • The ultimate parent company could designate an Austrian constituent entity to act as Pillar II taxpayer. For the fiscal year 2024, such designation had to be submitted via FinanzOnline by 31 December 2024 (for fiscal years 2024/25 that do not correspond to the calendar year, by 31 December 2025).
  • If no Austrian constituent entity was designated, the top Austrian constituent entity in the group structure becomes the Pillar II taxpayer. This is the Austrian constituent entity that directly or indirectly holds an interest in all other Austrian constituent entities, but in which no other Austrian constituent entity directly or indirectly holds an ownership interest.
  • If there is no top Austrian constituent entity (e.g. in sister-company structures / parallel structures), the economically most significant entity located in Austria is the Pillar II taxpayer as a fallback. In assessing which Austrian constituent entity is the economically most significant one, the focus of the business activity, the level of turnover, and information from the Austrian Company Register, the GloBE Information Return and the CbCR must be taken into account.

We would be pleased to assist you in fulfilling your Pillar II compliance obligations.

Authors: Yasmin Zykan-Lawson, Matthias Mayer