Tax Planning
Tax Planning Strategies Ahead of Pillar Two Implementation in Australia
Australia’s implementation of Pillar Two/GloBE rules brings new obligations for multinational enterprises starting 30 June 2026—advance planning can ease compliance burdens and mitigate risks.
By NomadicTax Research Team • 6 min read • April 15, 2026
## What is Pillar Two and Why It Matters
Since the May 2023 Federal Budget, Australia has legislated the Global Anti-Base Erosion (GloBE) model rules and Domestic Minimum Tax (DMT), collectively known as **Pillar Two**. ([softwaredevelopers.ato.gov.au](https://softwaredevelopers.ato.gov.au/Pillar2_20250305?utm_source=openai)) The rules came into effect 1 January 2024 for Income Inclusion Rule and Domestic Minimum Tax. ([ato.gov.au](https://www.ato.gov.au/about-ato/consultation/in-detail/closed-groups/australian-banking-association-steering-group-key-messages-22-may-2024?utm_source=openai))
Starting **30 June 2026**, in-scope multinational entities must lodge first Global Information Returns (GIR) with the ATO, meeting detailed reporting and payment obligations. ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai))
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## Tax Planning Steps for Businesses in Scope
To prepare and reduce risk, businesses should consider the following steps:
| Planning Area | What to Do | Benefit |
|---|---|---|
| **Data & accounting systems** | Audit your financial accounting, ensure you are capturing **constituent entity** income, expenses, deferred tax assets, intangible transfers. For joint ventures, verify whether separate financial accounts are “required”. ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai)) | Ensures compliance, reduces rework & exposure to penalties |
| **Elections & safe-harbours** | Examine whether your group qualifies for **transitional country-by-country reporting safe-harbour** and whether you should make elections, including **consolidated accounting treatment** for in-jurisdiction subsidiaries. ([ato.gov.au](https://www.ato.gov.au/about-ato/consultation/in-detail/special-purpose-working-groups-key-messages/pillar-two-global-and-domestic-minimum-tax-working-group/pillar-two-global-and-domestic-minimum-tax-working-group-key-messages-3-april-2025?utm_source=openai)) | Simplifies reporting and avoids full-CE by CE obligations |
| **Private rulings & guidance** | Seek private rulings on ambiguous treatment (e.g. software royalties & intangibles); watch for final guidance (TR 2006/11DC updates; PCG 2025/D3). ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai)) | Certainty in interpretation and risk mitigation |
| **Intangibles strategy** | Review royalty payments, licensing agreements, and valuation of intangible assets to prevent mischaracterisation. The ATO carefully monitors undervalued or mischaracterised royalty withholding tax. ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai)) | Prevents surprises in audits and retrospective adjustments |
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## Practical Example
Suppose a software company headquartered overseas has an Australian branch supplying software-as-a-service to local customers. Under current practice, the company treats those payments as licensing infrastructure, not royalties. The draft **TR 2024/D1** revises how royalties are defined and suggests some of those payments may actually be royalty-withholding tax-liable. ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai))
To plan:
- reassess contracts to clearly delineate service vs royalty elements;
- quantify potential withholding tax costs under both old and new rules;
- if in-scope of GloBE/DMT, consider whether transitional relief or safe-harbour rules apply;
- seek private ruling if uncertain.
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## Key Tips for Tax Planning Success
- **Timeline is tight**: first lodgments of GIR due by 30 June 2026. Plan early. ([ato.gov.au](https://www.ato.gov.au/media-centre/key-developments-in-tax-administration-in-australia?utm_source=openai))
- **Use published guidance**: Draft PCG 2025/D3, TR 2006/11DC, and other ATO draft rulings provide useful direction. ([ato.gov.au](https://www.ato.gov.au/businesses-and-organisations/business-bulletins-newsroom/consultation-open-for-guidance-about-pillar-two?utm_source=openai))
- **Document decisions**: record governance, elections, board oversight regarding compliance preparation.
- **Budget for costs**: system changes, advisory fees, valuation of intangibles may lead to upfront expense.
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## Conclusion
Pillar Two represents a major tax policy shift. For multinational enterprises, navigating data systems, legislative changes, safe-harbour elections, and royalty tax issues are essential. Acting now allows better control over tax impacts and reduces the risk of non-compliance.