New draft Belgian qualified domestic minimum top-up tax return form published

On 10 April 2025, the Belgian tax authorities published a new draft of the Belgian qualified domestic minimum top-up tax (QDMTT) return (available in Dutch and French only). The QDMTT return must be submitted by multinational enterprise (MNE) groups subject to the Belgian “Pillar Two” rules, within 11 months after the end of the reporting fiscal year (FY). Filing is required regardless of whether a top-up tax is due in Belgium or whether the transitional safe harbours (TSH) apply. For calendar year MNE groups, the first QDMTT return must be filed on or before 30 November 2025.

This alert provides an overview of the key changes reflected in the new draft QDMTT return form, compared to the previous draft form issued in 2024. In addition, the alert provides a summary of the various Belgian Pillar Two compliance requirements and due dates, followed by additional details on the requirements.

Overview of the key changes to the draft QDMTT return

The new draft form supersedes the first draft form issued for consultation purposes in October 2024 (see Deloitte tax alert). The instructions to the form and the XSD-schema have not yet been published. The tax authorities have indicated that the latest published QDMTT form is still a draft and will be considered final after publication in the Belgian official journal.

The key changes include the following:

• The new draft form further organises and streamlines the data required for QDMTT compliance. It is anticipated that the instructions, when released, will provide further guidance regarding which sections of the QDMTT return are required to be completed depending on the application of the TSH.

• The new draft form requires less information on the MNE group’s corporate structure, which is now limited to information on the ultimate parent entity (UPE) and the Belgian constituent entities.

• The section requiring information on the safe harbours has been simplified to include only the safe harbour that the group intends to apply. The previous version of the form also included data points required for the safe harbour calculations.

• The new draft form includes an additional field to indicate the currency used by the UPE to prepare consolidated financial statements. It is anticipated that the instructions will provide further guidance on the use of a currency other than the euro.

• The new draft form incorporates a mechanism to provide information in certain sections only if the information has changed from the prior reporting year’s filing. This likely will be relevant for year two of Pillar Two compliance, and the information will still need to be provided in the first year.

• A new signature section has been added to the form indicating that the form must be signed by a person legally authorised to bind the company, or by the agent of the company. It is anticipated that the instructions will provide further guidance on the requirements for this section.

Pillar Two notification

A Pillar Two notification (pre-registration) is due within 30 days after the start of the first Pillar Two reporting year. A one-time deadline extension was made in 2024 to allow groups to submit the notification by 16 September 2024. Once the notification is successfully accepted by the Belgian tax authorities, a Pillar Two company number is attributed to the MNE group for Pillar Two purposes in Belgium. This company number is essential for complying with subsequent Pillar Two-related obligations, such as making advance payments and submitting the QDMTT return.

There are no penalties for late submission of the Pillar Two notification. If an MNE group has not yet submitted the notification, it should be done as soon as possible to ensure the Pillar Two company number is issued and available before the next compliance deadline. The Belgian tax authorities started sending out notices to Belgian constituent entities of MNE groups that have not complied with this requirement.

Advance payments for Pillar Two 

If a top-up tax is expected to be payable in Belgium for QDMTT or IIR purposes, advance payments should be made during the year to which the top-up tax applies, to avoid tax surcharges. The advance payments should be made on a quarterly basis.

The prepayment deadlines for Pillar Two year 2024 (for the FY ending 31 December 2024) have already expired. The following deadlines apply for Pillar Two year 2025 (i.e., for the FY ending 31 December 2025):

• Prepayment for Q1: Due by the 10th day of the fourth month of the financial year (10 April 2025);

• Prepayment for Q2: Due by the 10th day of the seventh month of the financial year (10 July 2025);

• Prepayment for Q3: Due by the 10th day of the 10th month of the financial year (10 October 2025); and

• Prepayment for Q4: Due by the 20th day of the 12th month of the financial year (20 December 2025).

The MNE group will not be able to make any advance payments if the Pillar Two company number (received after submission of the Pillar Two notification; see above) has not been issued.

QDMTT return compliance

The QDMTT return is due within 11 months after year end. For calendar year MNE groups, the FY 2024 QDMTT return is due by 30 November 2025. Based on the draft QDMTT return and the underlying Belgian Pillar Two law, a QDMTT return is required even if the MNE group meets the TSH, and detailed Pillar Two calculations may also be required. This will be further clarified or confirmed when the final QDMTT return and the instructions are issued.  

Noncompliance with the QDMTT return formalities may lead to penalties, including fines ranging from EUR 2,500 to EUR 250,000. An MNE group will not be able to submit the QDMTT return without the Pillar Two company number (received after submission of the Pillar Two notification; see above).

GIR compliance

The GIR must be submitted in Belgium by a designated Belgian constituent entity of the MNE group, unless the GIR is filed in one of the following jurisdictions:

• The jurisdiction of the UPE and that jurisdiction has a qualifying competent authority agreement in place with Belgium; or

• The jurisdiction of the designated filing entity and that jurisdiction has a qualifying competent authority agreement in place with Belgium.

According to the Belgian Pillar Two law, the information to be provided in the GIR depends on whether the UPE is located in an EU country or a third country. In the former case, the GIR must include at least the following information: (i) the location, taxpayer identification number (TIN), and classification of the group entities; (ii) information on the group structure; (iii) information to compute the GloBE effective tax rate (ETR) and top-up tax of the group entities (including joint ventures), and the allocation of top-up tax to each jurisdiction; and (iv) a summary of the elections made by the group. 

In a case where the UPE is located in a third country, the GIR must include at least the following information: (i) information on any entities of the group in which a Belgian partially-owned parent entity holds ownership interests and any information needed to determine the ETR of jurisdictions where such entities are located; (ii) information required to compute the top-up tax due under the undertaxed profits rule (UTPR); and (iii) information required for the application of a QDMTT.

The GIR must be filed using the form established by royal decree. To date, this form has not been published. However, it is expected that the form will align with the format provided by the OECD. 

In accordance with the OECD model rules, the Belgian Pillar Two law requires the GIR to be filed within 15 months after the end of the relevant FY. An exception applies for FYs starting no later than 31 December 2024. In that case, the GIR must be filed within 18 months after the end of the relevant FY.

On 14 April 2025, the Council of the European Union formally adopted a directive (DAC 9) on administrative cooperation in the field of taxation to assist MNE groups with their obligations to exchange information as required under the EU Pillar Two Directive of 14 December 2022 (see Deloitte tax alert). EU member states must transpose DAC 9 into their domestic legislation by 31 December 2025.   The coordination of the Belgian Pillar Two compliance requirements and DAC9 is being monitored and should be further clarified when DAC9 is adopted into the local law.

GIR notification

The 2024 draft QDMTT return form included a section to notify the Belgian tax authorities of the jurisdiction in which the GIR will be submitted and the TIN of the submitting entity. This section is no longer included in the latest draft of the QDMTT return form, and it may become a separate notification. The details and the deadline of this potential notification are not yet known.

How Deloitte can help

Deloitte Belgium can support MNE groups with the Pillar Two requirements, including end-to-end compliance readiness and tax return submissions in 2025 with the support of Deloitte’s proprietary Pillar Two technology solution, Pillar Two Agent, powered by the Pillar Two Exchange network. The Exchange is a network of (currently) around 100 Deloitte colleagues in 47 countries. This network focuses mainly on frictionless data management and workflow reporting, as well as tracking and sharing legislative updates supporting MNE groups with their local and global Pillar Two journey.