Category: Europe

An entity must report for a reporting period if all of the following apply:

• it is a CBC reporting parent for the preceding period
• it is an entity of the type specified
• it satisfies the requirements for that reporting period.

An entity is of the specified type if it is any one of the following:

• constitutional corporation
• trust, provided each of the trustees is a constitutional corporation
• partnership, provided each of the partners is a constitutional corporation.

‘Constitutional corporation’ means a foreign corporation (one not formed within Australia), or a trading or financial corporation formed within the limits of the Commonwealth.

An entity satisfies the requirements for a reporting period if all of the following apply:

• it was a CBC reporting parent for a period that includes the whole or a part of the preceding reporting period
• it was a member of a CBC reporting group at any time during the reporting period
• at any point during the reporting period, it, or a member of its CBC reporting group, was an Australian resident or a foreign resident operating an Australian permanent establishment
• $10 million or more of its aggregated turnover for the reporting period was Australian-sourced
• it was not an exempt entity or included in a class of exempt entities.

An entity is a CBC reporting parent for a reporting period if all of the following apply:

• it is not an individual
• if it is a member of a CBC reporting group at the end of the period; it is not controlled by any other member of the CBC reporting group at the end of the period
• its annual global income for the period is $1 billion or more.

Registration by Public CBC reporting parents allows for more efficient processing and helps to simplify the process of:

• giving the Public CBC report to the ATO
• requesting an extension of time to provide the Public CBC report
• requesting an exemption from reporting obligations for a reporting period.

The registration process doesn’t differentiate between resident and non-resident Public CBC reporting parents. A non-resident Public CBC reporting parent without an ATO reference number (ARN) will be automatically issued with an ARN as part of this registration process.

Registration is also beneficial as it enables a Public CBC reporting parent entity to provide authorisation for representatives to act on its behalf. This includes having representatives satisfy its obligations, such as lodging the Public CBC report or applying for a Public CBC reporting exemption. Representatives can include:

• designated officers or employees of the CBC reporting parent
• an authorised representative of the Australian subsidiary
• an adviser
• other nominated person.

The Public CBC registration form is in a fillable portable document format (PDF), and lodgment is via email. Upon lodgment, we will send an email acknowledging receipt.

The reporting obligation is on the Public CBC reporting parent (whether located overseas or in Australia) to report selected tax information to us.

An Australian subsidiary of a foreign entity generally does not have any reporting obligation of its own for a reporting period. An exception to that general principle is if a foreign entity does not include the Australian subsidiary in its group’s consolidated accounts, and the Australia subsidiary qualifies as a Public CBC parent entity in its own right.

The Public CBC reporting parent entity must give the Public CBC report electronically in the approved form to the ATO within 12 months after the end of the relevant reporting period.

An update to correct any material errors must be given to us within 28 days of the Public CBC reporting parent identifying or otherwise becoming aware of that error.

Penalties apply for non-compliance.

For Australia and specified jurisdictions determined by the Minister, particular information must be published on a CBC basis.

For operations in other jurisdictions, the Public CBC reporting parent has the choice to publish information on either a CBC basis or an aggregated basis.

The Public CBC reporting parent is required to publish the following information:

• its own legal name
• the names of each entity in the CBC reporting group
• a description of the CBC reporting group’s approach to tax
• information about Australia and specified jurisdictions, on a CBC basis
• information about its other jurisdictions, either on a CBC or aggregated basis.

Information required to be reported

If the Public CBC reporting parent chooses to report on a CBC basis for all jurisdictions in which the group operates, it doesn’t need to publish any information on an aggregated basis.

However, if the Public CBC reporting parent only publishes information on a CBC basis for Australia and the specified jurisdictions, it must publish information for all other jurisdictions on an aggregated basis.

Australia and specified jurisdictions

The Public CBC reporting parent is required to report the following information for Australia and specified jurisdictions:

• name of the jurisdiction
• description of main business activities
• number of employees (on a full-time equivalent basis) at the end of the reporting period
• revenue from unrelated parties
• revenue from related parties that are not tax residents of the jurisdiction
• profit or loss before income tax
• book value at the end of the reporting period of tangible assets, other than cash and cash equivalents
• income tax paid (on a cash basis)
• income tax accrued (current year)
• reasons for the difference between income tax accrued (current year) and the amount of income tax due if the income tax rate applicable to the jurisdiction were applied to profit and loss before income tax
• currency used in calculating and presenting the above information.

Other jurisdictions (aggregated information)

The Public CBC reporting parent is required to report the following information on an aggregated basis for all other jurisdictions in which the group operates:

• description of main business activities in those jurisdictions
• number of employees (on a full-time equivalent basis) at the end of the reporting period
• revenue from unrelated parties
• revenue from related parties that are not tax residents of the jurisdiction in which that revenue is being derived
• profit or loss before income tax
• book value at the end of the reporting period of tangible assets, other than cash and cash equivalents
• income tax paid (on a cash basis)
• income tax accrued (current year)
• the currency used in calculating and presenting the above information.

Guidance

The information required to be reported has been adopted from the Global Reporting Initiative (GRI) 207: Tax 2019 (GRI 207) reporting standard. The GRI 207 may be used as a source of guidance in interpretating the publishing requirements. Greater detail on the interpretation of terms is contained in the BEPS Action 13 Guidance and OECD Transfer Pricing Guidelines.

For further detail, see:

The Public CBC reporting parent is required to publish the information on an Australian Government website by giving the information in the approved form to the ATO. The approved form is in XML Schema format, and lodgment is via email. Upon lodgment, we will send an email acknowledging receipt.

Instructions on the approved form are currently under development and will be available in the second half of 2025.

The ATO’s role

We will facilitate the publication of the reported information as soon as practicable on the Australian Government website.

The first publication is expected to be released in late 2026.

The Public CBC report is due within 12 months after the end of the relevant reporting period. For example, for the reporting period ending 30 June 2025, the Public CBC report is due by 30 June 2026.

A Public CBC reporting parent may apply to the ATO for an extension of time to provide the Public CBC report. The Public CBC reporting parent can submit their request for deferral to us via email.

Correcting errors

If a Public CBC reporting parent becomes aware of a material error in any of the published information, they must rectify the error by providing the corrected information to the ATO. The entity must provide the corrected Public CBC report in its entirety to us by email.

A correction of a material error is required within 28 days after the entity becomes aware of the error. For example, we will consider an entity aware of a material error once its accountant or tax manager realises the error and prepares an amendment to the entity’s income tax return, necessitating an amendment to its Public CBC report.

For a non-material error, the entity may choose to rectify the error by providing the corrected Public CBC report in its entirety to us by email.

If a material or non-material error is rectified by the Public CBC reporting parent, we will publish the corrected information on the Australian Government website as soon as practicable. 

Penalties apply for non-compliance.

The purpose of the Public CBC reporting regime is to enhance tax transparency. However, a Public CBC reporting parent may seek an exemption from reporting obligations from the ATO. We have the discretion, for a single reporting period, to grant an entity a:

• full exemption
• partial exemption specifying that it is exempt from publishing information of a particular kind.

Government-related entities may be relieved from the Public CBC reporting regime.

The following are government-related entities:

• a department of the State of the Commonwealth
• a Department of the Australian Parliament established under the Parliamentary Services Act 1999
• an executive agency or statutory agency, within the meaning of the Public Service Act 1999
• department of state of a state or territory
• an organisation that satisfies all of the following
  • is either established by the Commonwealth, a state or territory (whether under a law or not) to carry on an enterprise or established for a public purpose by an Australian law
  • can be separately identified by reference to the nature of the activities carried on through the organisation or the location of the organisation
• a local government body established by or under a state or territory law.

A government-related entity that is a CBC reporting entity can be relieved from the regime for one or more reporting periods by written notice from the ATO.

We will provide further guidance for government-related entities in late 2025.