The Australian Taxation Office is now seeking feedback from multinational enterprises and their advisers on a draft Pillar Two legislative instrument, LI 2025/D17 Taxation Administration (Exemptions from Requirement to Lodge Australian IIR/UTPR tax return and Australian DMT tax return) Determination 2025 and an explanatory statement. These are available for public consultation until 24 September.

The draft LI 2025/D17 is a determination that is designed to provide relief from certain lodgment obligations for in-scope multinational enterprise (MNE) groups in circumstances where top-up tax amounts will always be nil.

The instrument sets out circumstances in which a group entity of an in-scope MNE group does not need to lodge the below tax returns for a fiscal year:

  • an Australian IIR/UTPR Tax Return, and/or
  • the Australian DMT Tax Return.

It doesn’t exempt lodgment of either the:

  • GloBE Information Return (GIR), where local lodgment is required
  • foreign lodgment notification, where GIR is lodged in a foreign jurisdiction.

Comments can be provided directly to the contact person listed on the draft LI 2025/D17.

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