The Portuguese Tax and Customs Authority has outlined procedures for applying OECD-agreed relief from local GIR filing obligations under the Global Minimum Tax Regime, including requirements for Model 62 declarations and centralised GIR return filings for the 2024 fiscal year.
The Portuguese Tax and Customs Authority has issued guidance on the filing of the Information Return on the Top-Up Tax (GIR return) under the Global Minimum Tax Regime (GMTR/Pillar Two), following a common understanding published by the OECD on 18 May 2026.
The clarification addresses circumstances in which resident entities may benefit from relief from local GIR filing obligations and related penalties. The OECD agreement, reached among jurisdictions implementing the Pillar Two rules, including Portugal, is intended to support the submission and exchange of GIR return information during the initial implementation phase of the regime.
The GIR return is provided for under Article 45(1)(b) of the GMTR, approved by Law No. 41/2026 of 8 November. According to the OECD’s common understanding, jurisdictions have agreed to use mechanisms available under their domestic legislation to address compliance and coordination challenges that may arise when filing portals are not fully operational or information exchange arrangements have not yet been activated.
Under the agreement, implementing jurisdictions may either waive penalties that would otherwise apply for failure to meet local GIR filing requirements or refrain from enforcing local filing obligations before the applicable information exchange deadline. This relief is available provided that the GIR return has been centrally filed in a jurisdiction listed in the OECD annex within the required deadline and that the corresponding GIR notification has been submitted locally within the prescribed timeframe.
To implement these arrangements in Portugal, the Tax and Customs Authority outlined several procedures for entities subject to the rules.
Where a Model 62 – Registration Declaration for the 2024 fiscal year has already been submitted indicating that the GIR return will be filed centrally by the ultimate parent entity or its designee in a jurisdiction not included in the OECD annex, the declaration must be replaced. The revised declaration must identify a jurisdiction included in the annex and be submitted by the legal deadline for filing the GIR return. For fiscal years 2024 that coincide with the calendar year, this deadline is 30 June 2026.
Entities that have not yet submitted a Model 62 – Registration Declaration for the 2024 fiscal year must also file the declaration by 30 June 2026 where the fiscal year corresponds to the calendar year.
In all cases, the GIR return must be filed within the legal deadline in the jurisdiction identified in the declaration. That jurisdiction will then be responsible for ensuring the timely exchange of information with other relevant jurisdictions.
The authority also noted that where a Model 62 – Registration Declaration is filed or replaced by a designated local entity, the designation confirmation procedure set out in Article 3 of Ordinance No. 290/2025/1 of 2 September must be completed.
For entities required to amend a previously submitted Model 62 declaration, the authority instructed taxpayers to locate the declaration to be corrected, select the “Replace” option and submit a new declaration containing complete information.
The notice was issued by the Portuguese Tax and Customs Authority on 25 May 2026.
