South Africa’s Revenue Service Gears Up for Pillar Two GloBE Model Rules
On October 8, 2021, the Organisation for Economic Co-operation and Development (OECD) introduced the Global Anti-Base Erosion (GloBE) Model Rules under the Pillar Two initiative. These are model rules agreed by the Base Erosion and Profit Shifting (BEPS) Inclusive Framework to establish a global minimum tax framework for large multinational enterprises (MNEs) to ensure that they pay a minimum level of tax on their income in respect of every jurisdiction where they operate.
In alignment with this initiative, South Africa enacted the GloBE minimum tax (GMT) legislation, which comprises the Global Minimum Tax Act, 2024 (GMTA) enacted on 24 December 2024, and the Global Minimum Tax Administration Act, 2024 (GMTAA) enacted on 9 January 2025. These Acts are administrated by the Commissioner, deemed to come into operation on 1 January 2024 and applies to “fiscal years” (the accounting period used in the consolidated financial statements of in-scope MNEs) beginning on or after that date.
The purpose of implementing the GloBE Model Rules in South Africa in the GMT legislation is to enable South Africa to impose a multinational top-up tax at a rate of 15 per cent on the excess profits of in-scope MNE Groups. The GloBE Rules apply to MNE Groups whose consolidated annual revenues in at least two of the four preceding fiscal years equal or exceed EUR 750 million. The multinational top-up tax under the GMT legislation is imposed under—
- An Income Inclusion Rule (IIR) which taxes the domestic constituent entity of an MNE Group on its allocable share of Top-up Tax arising in respect of the low-taxed income of any foreign group company in which it has a direct or indirect ownership interest; and
- A Domestic Minimum Top-Up Tax (DMTT) which imposes a joint and several tax liability on the domestic constituent entities of an MNE Group for any top-up tax arising in respect of low-taxed income of these entities (calculated on an aggregate basis but only with respect to the entities located in South Africa).
The registration and reporting obligations Domestic Constituent Entity of in-scope
MNEs in terms of the GMTAA, is as follows:
- A Domestic Constituent Entity (DCE) of an in-scope MNE Group, Domestic Joint Venture or Domestic Joint Venture Subsidiary of a Domestic Joint Venture Group must register with SARS, as well as file a GloBE Information Return (GIR) with SARS in the prescribed form and format by the prescribed due date, under the GMT legislation.
- Where a “designated local entity” is appointed by one or more DCEs required to file a GIR, each of the DCEs that appointed the designated local entity must notify SARS of the identity of the designated local entity that will file on its behalf
- The DCEs must submit the notice no later than six months prior to the filing due date of the GIR. This due date is 15 or 18 months after the end of the reportable fiscal year for which the GIR must be filed (for the 2024 fiscal year or the first fiscal year that the GIR must be filed by a DCE, this period is 18 months). For example, the notifications in respect of the 2024 fiscal year must be filed before 31 December 2025 (assuming the fiscal year is a calendar year)
- File the first GIR no later than eighteen months after the end of the first reportable fiscal year. For example, for the 2024 reportable fiscal year the GIR must be filed before 30 June 2026 (assuming a calendar year)
- File the second and subsequent GIR no later than fifteen months after the end of the second and following reportable fiscal years.
SARS Readiness
SARS is actively preparing to administer the GloBE framework. A dedicated project team, including IT and system engineers, has been established to integrate GloBE procedures and forms into the existing eFiling system. This integration will create a centralised platform for registration, notifications and return submissions.
Furthermore, a specialised unit within SARS’s Large Business & International Unit is being capacitated, involving both newly recruited and existing staff, to oversee the implementation of the GMT legislation. This unit collaborates closely with the National Treasury and other key SARS internal stakeholders, such as the Legislative Policy Tax, Customs and Excise Unit and the Exchange of Information Unit.
Voluntary Compliance
SARS promotes voluntary compliance and seeks to simplify adherence with the GMT legislation. To support taxpayers, SARS is developing a portal to host all GloBE-related information to ensure that all stakeholders are well-informed, and taxpayers are supported. SARS encourages all affected stakeholders to stay informed about the GMT legislation and the applicable GloBE model rules, commentary, and administrative guidance to facilitate a smooth implementation process.
More information on the GMT legislation can be found here Acts Administered by the Commissioner | South African Revenue Service and Explanatory Memoranda | South African Revenue Service.
More information on the GloBE framework can be found here on the OECD website.
Please contact our GloBE support Team at [email protected].
We appreciate your continued support and cooperation as we move forward with this important initiative.
