Spain Pillar Two 2026 Deadline: Forms 240, 241 & 242, Who Must File, Exact Dates, Penalties and Safe Harbours

Last reviewed: 21 May 2026

Spain’s first Pillar Two filing cycle is now live, and every multinational enterprise (MNE) group with constituent entities in the country faces an immediate Spain Pillar Two deadline question: which forms must be submitted, by when, and what happens if the window is missed? The Complementary Tax Law approved in December 2024 transposed the EU Minimum Tax Directive into Spanish law, making the global minimum tax in Spain effective for fiscal years beginning on or after 31 December 2023, meaning calendar-year FY2024 is the first period in scope.

Three new models, 240 (registration/communication), 241 (notification and GloBE Information Return data) and 242 (top-up tax return and payment), carry filing windows that fall between April and July 2026 depending on the entity type, model and fiscal-year end date. This guide consolidates every date, threshold, penalty and safe harbour an in-house tax team needs in a single reference.

TL;DR, The Compliance Decision

If your MNE group’s consolidated revenue exceeds €750 million in at least two of the four fiscal years immediately preceding the tested year, and the group has one or more constituent entities in Spain, you must act now. The Spain Pillar Two 2026 deadline requires up to three separate electronic filings with the Agencia Tributaria:

• Model 240 (Form 240 Spain). Registration and communication by each constituent entity. For the first cycle, the registration window opened in early 2026; the associated information return is due by 31 March of the second year following the tax period (i.e., 31 March 2027 for calendar FY2024), though transitional first-cycle deadlines apply, see the deadline table below.
• Model 241 (Form 241 Spain). Notification, registration of the filing entity and submission of the GloBE Information Return (GIR) data. First-cycle filing windows for tax periods ending before 31 March 2025 run broadly from 30 April to 30 June 2026.
• Model 242 (Form 242 Spain). The top-up tax (TUT) self-assessment return and payment. Practitioner guidance indicates a first-cycle window running to as late as 1–27 July 2026 for calendar-year filers, though the general statutory rule is 25 calendar days following the 15th month after the fiscal-year end.

Each model must be filed electronically through the Agencia Tributaria’s Sede Electrónica. Failure to file, or filing late, triggers the general penalty regime of Spain’s General Tax Law (Ley General Tributaria). The sections below unpack each obligation in detail.

What Is Pillar Two in Spain? Quick Legal Summary

Scope, Effective Dates and Who It Affects

Pillar Two, formally the OECD/G20 Inclusive Framework’s Global Anti-Base Erosion (GloBE) Rules, requires large MNE groups to pay an effective tax rate (ETR) of at least 15 % in every jurisdiction where they operate. Where the jurisdictional ETR falls below that floor, a top-up tax brings the rate back to 15 %. Spain’s Complementary Tax Law, published in December 2024 and accompanied by implementing regulations via Royal Decree, transposes the EU Minimum Tax Directive (Council Directive 2022/2523) into domestic law. The legislation introduces three charging mechanisms that mirror the directive:

• Income Inclusion Rule (IIR), applied by the ultimate parent entity (UPE) or an intermediate parent entity.
• Undertaxed Profits Rule (UTPR), a backstop that reallocates top-up tax to jurisdictions where constituent entities are located, applicable from fiscal years beginning on or after 31 December 2024 (UTPR Spain 2026 is therefore its first effective year for calendar-year groups).
• Qualified Domestic Minimum Top-Up Tax (QDMTT), Spain’s domestic top-up tax, which has priority over the IIR and UTPR.

The law applies to MNE groups, and, in certain cases, large-scale domestic groups, whose consolidated annual revenue reaches at least €750 million in at least two of the four fiscal years preceding the tested year. The first tax period in scope is fiscal years starting on or after 31 December 2023.

Forms 240, 241 and 242, What Each Is and Who Must File

Model 240, Registration and Communication by Constituent Entity (Form 240 Spain)

Model 240 is the registration and communication form that every constituent entity located in Spain must file with the Agencia Tributaria. Its purpose is twofold: to register the entity within the Pillar Two compliance framework and to communicate key identifying data about the MNE group structure. The Agencia Tributaria’s official model 240 page confirms that the form must be submitted electronically and sets out the following core data fields and deadlines:

Model 240 is a gating obligation: until the constituent entity is registered, the filing entity cannot complete models 241 or 242. Groups should prioritise this form first.

Model 241, Notification, Registration and GIR Information (Form 241 Spain)

Model 241 covers two related obligations: (a) the notification and registration of the designated filing entity in Spain, and (b) the submission of GloBE Information Return (GIR) data. The GIR is the standardised information return that follows the OECD’s agreed template and includes jurisdictional ETR calculations, top-up tax computations and entity-level data. Key data requirements include:

• Filing entity identification, NIF/TIN, designation as UPE, surrogate filing entity or local filing entity.
• GIR data, jurisdictional profit/loss, covered taxes, substance-based income exclusion (SBIE) calculations, safe-harbour elections.
• Elections and safe-harbour claims, the form captures any transitional safe-harbour elections made by the group.

The first-cycle filing window for model 241 aligns with the general Spain Pillar Two 2026 dates for notification obligations: tax periods ending before 31 March 2025 must be filed between 30 April and 30 June 2026, according to practitioner guidance from PwC and Forvis Mazars.

Model 242, Top-Up Tax Return and Payment (Form 242 Spain)

Model 242 is the self-assessment return through which the top-up tax is calculated, declared and paid. It is the cash-impact form: where the jurisdictional ETR falls below 15 %, the resulting top-up tax liability is reported and settled via this model. Electronic filing is mandatory, and payment is due within the same filing window as the return itself. For the first cycle, KPMG’s Spain tax alert on forms 240, 241 and 242 notes that the model 242 deadline for calendar-year FY2024 filers falls in the period running up to 1–27 July 2026, consistent with the 15-month-plus-25-days general statutory rule described below.

Exact Spain Pillar Two 2026 Dates, Mapping Tax Period to Filing Window

The most critical compliance question for tax teams is: when exactly must each form be filed? The answer depends on three variables: (1) the model number, (2) the entity’s fiscal-year-end date, and (3) whether the first-cycle transitional provisions or the general ongoing rule applies. The table below consolidates the key Spain Pillar Two deadline scenarios for the first filing cycle.

Important note on divergent deadline guidance: practitioner sources show a spread between 30 June 2026 and 27 July 2026 for certain first-cycle filings. The divergence stems from whether the transitional two-month filing window (30 April – 30 June 2026 for periods ending before 31 March 2025) or the general 15-month-plus-25-days statutory rule applies to model 242 specifically. Industry observers expect the Agencia Tributaria to issue clarifying instructions as the filing window approaches. Tax teams should monitor the Sede Electrónica for model-specific updates and, in cases of doubt, file by the earlier date (30 June 2026) as a prudent default.

How to Compute the 15-Month + 25 Calendar Days Deadline for Subsequent Years

From the second filing cycle onward, Spain’s implementing regulations establish a straightforward formula for computing the Spain Pillar Two deadline for models 241 and 242:

• Step 1: Identify the last day of the fiscal year (e.g., 31 December 2025 for calendar FY2025).
• Step 2: Add 15 months (31 December 2025 + 15 months = 31 March 2027).
• Step 3: Add 25 calendar days (31 March 2027 + 25 days = 25 April 2027).

The resulting date is the final day of the filing and payment window. Model 240 registration follows its own cycle (registration by 30 December of X+1; information return by 31 March of X+2) and is not governed by the 15-month rule.

Who Must File, Thresholds, Constituent Entity vs Filing Entity, Registration Rules

Threshold Tests

A group enters the Pillar Two regime when its annual consolidated revenue reaches at least €750 million in at least two of the four fiscal years immediately preceding the tested year. This threshold mirrors the OECD GloBE Rules and the EU directive. The revenue test uses figures from the group’s consolidated financial statements prepared under the UPE’s applicable accounting standards (typically IFRS or local GAAP adjusted to an authorised standard). Both MNE groups and, under Spain’s law, certain large-scale domestic groups that meet the threshold are caught.

Constituent vs Filing Entities, How Spain Assigns Obligations

Understanding which entity bears which obligation is essential for meeting the Spain Pillar Two deadline:

• Constituent entity: any entity (company, PE, partnership, joint venture or flow-through entity) that is included in the MNE group’s consolidated financial statements, or would be included if the UPE prepared IFRS statements. Every Spanish constituent entity must file model 240.
• Filing entity: the entity designated to submit models 241 and 242 on behalf of the group. This is typically the UPE if it is resident in Spain, or a designated local filing entity where the UPE is resident abroad and no qualifying competent-authority agreement for centralised filing exists.

Exemptions and Group Exceptions

Certain entities are excluded from the Pillar Two scope, including governmental entities, international organisations, non-profit organisations, pension funds and investment funds that are UPEs. Groups that fall below the €750 million threshold in the relevant reference years are entirely outside the regime. Additionally, entities located in jurisdictions where the group’s revenue and profits fall below the de minimis thresholds (average revenue below €10 million and average profit below €1 million) may be excluded from the top-up tax computation, though registration and notification obligations may still apply.

Safe Harbours, Elections and Reliefs

Spain’s Pillar Two law incorporates the OECD-agreed safe harbours and transitional reliefs, which can significantly reduce the compliance burden for groups that qualify. The primary mechanisms are:

• Transitional Country-by-Country Report (CbCR) Safe Harbour. For the initial years (fiscal years beginning before 31 December 2026, and no later than 30 June 2028), a jurisdiction-level safe harbour allows groups to treat the top-up tax as zero where the jurisdiction passes one of three tests using qualified CbCR data: (a) the de minimis test, (b) the simplified ETR test (ETR ≥ the transition rate, which is 15 % for fiscal years starting in 2024 and 2025), or (c) the routine profits test.
• Qualified Domestic Minimum Top-Up Tax (QDMTT) Safe Harbour. Where a jurisdiction has implemented a QDMTT that meets the OECD’s qualifying criteria, as Spain’s QDMTT is designed to do, the IIR and UTPR top-up tax for that jurisdiction is deemed to be zero.
• Permanent Safe Harbour (simplified calculations). Longer-term safe harbours based on simplified GloBE calculations are expected to reduce annual computational effort once fully implemented.

To claim a safe harbour, groups must elect it on a jurisdictional basis in model 241 and retain contemporaneous supporting documentation: CbCR data, ETR calculations, board minutes evidencing the election, and reconciliation working papers. Early indications suggest that the Agencia Tributaria will scrutinise safe-harbour claims in the first cycle, so documentation quality matters from day one.

Penalties, Interest and Enforcement Risk

Spain’s Complementary Tax Law does not introduce a standalone penalty regime for Pillar Two non-compliance. Instead, the general penalty framework of the Ley General Tributaria (General Tax Law, LGT) applies. The practical effect is:

• Late filing of information returns (models 240, 241): fixed penalties per data item omitted or filed late, scaled by volume, potentially ranging from €20 per data item for minor delays up to a percentage-based penalty for persistent non-compliance.
• Late filing or inaccuracy in the self-assessment (model 242): surcharges for voluntary late filing (recargo) ranging from 1 % per month of delay (up to 12 months), plus late-payment interest (currently approximately 4.0625 % per annum). Penalty proceedings for negligent or deliberate understatement can result in fines of 50 %–150 % of the underpaid tax.
• Statute of limitations: the general prescription period for tax matters in Spain is four years from the end of the voluntary filing period, meaning the Agencia Tributaria can review and reassess Pillar Two returns filed in 2026 through mid-2030.

Mitigation steps include filing on time (even if estimates are required), making voluntary corrections before a formal audit begins, and maintaining full documentation to support every ETR calculation and safe-harbour claim.

How to File, Practical Step-by-Step Technical Requirements

Electronic Filing Portal and Certificate Requirements

All three models must be filed electronically through the Agencia Tributaria’s Sede Electrónica platform. There is no paper filing option. To access the portal, the filer needs one of the following:

• A qualified electronic certificate (certificado electrónico) issued by a recognised certification authority, the FNMT (Fábrica Nacional de Moneda y Timbre) certificate is the most common for companies.
• Cl@ve PIN, available for certain natural-person representatives, though corporate filings typically require the electronic certificate.
• Authorised representative access, where a tax advisor or asesor fiscal files on behalf of the entity under a valid power of attorney registered with the Agencia Tributaria.

Step-by-Step Submission Checklist

The following checklist walks through the electronic filing process for each model. While the exact portal screens may be updated as the Agencia Tributaria refines the interface, the general workflow is consistent:

1. Obtain and install the digital certificate on the browser or device from which you will file.
2. Navigate to the Sede Electrónica and locate the Pillar Two section under Declaraciones informativas y otros impuestos, Impuesto Complementario.
3. Select the relevant model (240, 241 or 242) and the applicable tax period.
4. Complete the form fields, for model 240, enter entity identification and group-structure data; for model 241, upload or enter GIR data and safe-harbour elections; for model 242, enter the top-up tax computation and payment details.
5. Validate the submission, the portal runs automatic validation checks. Correct any errors flagged before proceeding.
6. Submit and obtain the filing receipt (justificante de presentación), save and archive this as proof of timely filing.
7. Make payment (model 242 only), if a top-up tax liability exists, arrange direct debit or bank transfer within the filing window.

Worked Example, Simple MNE (FY2024 Calendar Year)

Consider a simplified MNE group with its UPE in Germany and one subsidiary (SpainCo) in Spain. The group’s consolidated revenue exceeds €750 million. SpainCo’s fiscal year ends 31 December 2024.

This simplified calculation omits adjustments that may apply in practice, such as deferred tax adjustments, cross-border allocation under the UTPR, and the effect of a QDMTT credit, but it illustrates the mechanics and the timeline that govern the Spain Pillar Two deadline for a typical calendar-year filer.

Quick Checklist and Downloadable Timeline

Use the checklist below to track your group’s Pillar Two compliance in Spain. A printable PDF version is available for download [placeholder, PDF to be uploaded].

• ☐ Confirm in-scope status: verify that consolidated group revenue exceeds €750 million in at least two of the four preceding fiscal years.
• ☐ Identify all Spanish constituent entities and assign a filing entity.
• ☐ File Model 240: register each constituent entity, registration deadline 30 December of X+1; information return by 31 March of X+2 (first-cycle transitional window: April–June 2026).
• ☐ File Model 241: submit notification and GIR data, first-cycle window 30 April to 30 June 2026.
• ☐ File Model 242: compute and pay top-up tax, first-cycle window for calendar FY2024 ends approximately 27 July 2026.
• ☐ Claim safe harbours (if eligible): elect in Model 241 and retain CbCR data, ETR calculations and board minutes.
• ☐ Archive filing receipts: store justificantes de presentación for each model as proof of timely compliance.
• ☐ Diarise subsequent-year deadlines: apply the 15-month + 25 calendar days rule to FY2025 and beyond.

For specialist guidance on your group’s specific circumstances, find tax lawyers in Spain through our directory.

Sources

1. Agencia Tributaria, Modelo 240 (official page)
2. KPMG (Spain), Tax alert on approval of forms 240/241/242
3. OECD Pillars, Spain issues draft Pillar 2 forms
4. Garrigues, Pillar 2 Spain: global minimum tax for large groups approved
5. EY, Spain approves Pillar Two legislation
6. PwC, Upcoming Pillar Two registration and notification deadlines
7. Forvis Mazars, Tax alert: top-up tax (Pillar 2) in Spain
8. OECD, Pillar Two global minimum tax