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Article · 7 August 2026 · Academy of Tax Law

Portugal completes Pillar Two reporting framework with approval of Form 64

Pillar TwoGlobal Minimum TaxPortugalGloBEDAC 9Reporting

Portugal has taken the final step in operationalising its Global Minimum Corporate Tax Regime (GMCTR) reporting obligations, with the publication of Ordinance 318/2026/1 of 30 July. The ordinance approves Form 64, the top-up tax assessment return, together with its completion instructions.

Background

Portugal transposed Council Directive (EU) 2022/2523 of 14 December 2022 into national law through Law 41/2024 of 8 November. That law established the GMCTR, which applies to multinational enterprise groups and large-scale domestic groups within the scope of the global minimum taxation rules.

Article 45.1 of the GMCTR sets out three main reporting obligations for constituent entities located in Portugal. These are: registration (Form 62), the top-up tax information return corresponding to the GloBE Information Return or GIR (Form 63), and the top-up tax assessment return (Form 64). The approval of Form 64 means all three obligations now have their operative forms in place.

The three forms in sequence

Form 62 was the first to be operationalised, through Ordinance 290/2025/1 of 2 September 2025. It serves to report the start of a group's international business activity, or the first tax year in which a large-scale national group falls within the regime. It also identifies the entity responsible for discharging certain reporting obligations on behalf of the group.

Form 63, approved by Ordinance 255/2026/1 of 12 June 2026, governs compliance with the obligation in article 45.1(b) of the GMCTR. The form must be submitted electronically as an XML file with characteristics and structure specified on the Portuguese Tax Authority's website.

Form 64, now approved under article 45.1(c) and article 45.3 of the GMCTR, is the top-up tax assessment return. Its purpose is to calculate the top-up tax actually payable in Portugal by constituent entities situated in Portuguese territory, or by the group's designated local entity where that designation has been notified via Form 62. According to the completion instructions, entities are not required to file Form 64 where no top-up tax is payable in Portugal.

Form 64 requires the group's GIR submission (Form 63) to be identified by jurisdiction, submission date and reference number. This reinforces the need for cross-border coordination in satisfying the GMCTR's reporting requirements.

The DAC 9 amendment and its effect on Form 63

In parallel, Law 26/2026 of 3 June 2026 introduced the first amendment to the GMCTR. It transposes into Portuguese law Council Directive (EU) 2025/872 of 14 April 2025, known as DAC 9, which amends Directive 2011/16/EU on administrative cooperation in taxation.

The amendment has particular relevance for the GIR obligation. Where Form 62 indicates that the group's GIR will be submitted centrally in the jurisdiction where the group is located, there is no obligation to submit the top-up tax information return locally in Portugal. In that case, the GIR must be submitted by the ultimate parent company or by the group's designated reporting entity. This relief applies where that entity is located in an EU Member State applying a qualified income inclusion rule (IIR), a qualified undertaxed profits rule (UTPR), or a qualified domestic top-up tax for the tax year in question. It also applies where the entity is located in a third-country jurisdiction that has entered into a qualified competent authority agreement with the Portuguese competent authority for the relevant tax year.

Deadline extension

Order 76/2026-XXV of 3 June 2026 extended the filing deadline for both Form 63 and Form 64. Where applicable, groups with tax years ending between 31 December 2024 and 31 March 2025 have until 30 September 2026 to submit those forms. The extension applies to the obligations set out in articles 45.1(b) and 45.1(c) of the GMCTR.

With all three forms now in place, constituent entities of in-scope groups with a Portuguese presence should assess their filing position under each obligation, taking account of the central-filing relief introduced by Law 26/2026 and the extended deadline where it applies.

Primary sources