Public CbCR in Ireland: Is your group ready to publish?

From private tax reporting to public disclosure

Ireland implemented the EU public CbCR Directive[1] through the European Union (Disclosure of Income Tax Information by Certain Undertakings and Branches) Regulations 2023 (S.I. No. 322 of 2023)[2]. The rules apply to financial years beginning on or after 22 June 2024. In January 2026, the Companies Registration Office (CRO) launched its public CbCR Document Library, making the Irish publication route operational.

Who can be in scope in Ireland for reporting?

The public CbCR obligation applies where revenue exceeds €750 million in each of two consecutive financial years. The first report relates to the second of those financial years. Accordingly, for a calendar-year group exceeding the threshold in both 2024 and 2025, the first report will cover 2025 and must be published by 31 December 2026.

Subject to the detailed exemptions and conditions, the Irish rules can apply to:

• Irish ultimate parent undertakings and Irish standalone undertakings where revenue, as reflected in the relevant financial statements or consolidated financial statements, exceeds €750 million in each of two consecutive financial years
• Irish medium-sized or large subsidiaries of a non-EU ultimate parent where the consolidated revenue exceeds the €750 million threshold in each of two consecutive financial years; and
• Certain Irish branches of non-EU-parented groups or non-EU standalone undertakings where the €750 million consolidated group revenue or standalone revenue threshold test is met and the Irish branch’s net turnover exceeds the statutory branch threshold in each of two consecutive financial years. For branches, the Regulations links the test to section 280A(3)(a) of the Companies Act 2014, where the turnover threshold is €15 million[3] with effect from 1 July 2024 (earlier it was €12 million).

Where a group’s ultimate parent is established in another EU Member State, the reporting obligation generally rests with that ultimate parent under the laws of its home Member State.

Other exemptions/out of scope and other scenarios to consider

• An Irish ultimate parent or standalone undertaking is generally outside scope where it and all affiliated undertakings operate in only one EU Member State and no other tax jurisdiction.
• There is also a specific exemption where similar disclosures under Article 89 of the Capital Requirements Directive encompass the relevant group activities.
• Once an undertaking has entered the public CbCR regime, a single reduction in revenue below the €750 million threshold will not immediately remove the reporting obligation. The undertaking will cease to be required to report only where its revenue does not exceed €750 million in each of two consecutive financial years. The exemption applies from the second of those two financial years and continues for subsequent financial years while revenue remains at or below €750 million. If revenue subsequently exceeds €750 million, the reporting obligation recommences for that financial year and continues thereafter, subject to the two-year exit test being met again.

• Multi-reporting exemption for non-EU headed groups:

The Irish regulations provide a mechanism to avoid multiple publications by subsidiaries and branches of a non-EU-headed group. A qualifying Irish subsidiary or branch will not be required to publish a separate report where the non-EU ultimate parent or relevant principal undertaking of the branch publishes a compliant public CbCR within 12 months of the relevant year-end.

The report must be publicly accessible free of charge, provided in a machine-readable electronic format and made available in an official EU language either on website of the said undertaking or on the website of a Registrar. Where the report is not in English or Irish, it must be accompanied by an English or Irish translation.

The report must also identify a designated subsidiary or branch in an EU Member State that has filed the report with the relevant company register. Accordingly, publication solely on the non-EU parent’s website will not, by itself, satisfy the exemption. Groups should therefore identify which EU entity will undertake the company-register filing and ensure that the parent’s report correctly identifies that entity.

• Where the necessary information is unavailable to an Irish subsidiary or branch for the report, it must first request the report or relevant information from the non-EU parent or undertaking. If the information is not fully provided, the Irish subsidiary or branch must publish a report containing all the information available to it and include a statement confirming that the non-EU parent or undertaking did not provide all the requested information.

• Commercially sensitive information deferral:

The Irish regulations permit specific commercially sensitive information to be temporarily omitted where its disclosure would seriously prejudice the undertaking’s competitive position. This is not a blanket or permanent exemption. The report must identify that information has been omitted and provide a reasoned explanation for the omission. The deferred information must ordinarily be disclosed in a later report within five years or, where no report is required during that period, in the first report subsequently published. The safeguard is unavailable for information relating to jurisdictions appearing on the EU’s Annex I or Annex II list of non-cooperative jurisdictions at the date of publication.

• Anti-avoidance provisions can bring an undertaking, subsidiary or branch into scope where it serves no objective other than avoiding or circumventing the reporting requirements.

When is the first Irish report due and how must the report be published?

The report must be published no later than 12 months after the balance-sheet date of the relevant financial year. The first reportable period depends on when the group’s financial year begins:

The date examples assume 12-month accounting periods and no change of year-end.

The Statutory Instrument requires it to be in a machine-readable format template and Commission Implementing Regulation (EU) 2024/2952[4] states that the report shall be presented in the prescribed EU common template, preparation in XHTML and tagging using Inline XBRL (iXBRL) (with certain exceptions).

An undertaking may publish the complete report, free of charge, in English or Irish on an appropriate website, where it must remain continuously accessible for at least 5 years.

Alternatively, the report may be published in a machine-readable electronic format through the Company Registrar’s website (i.e. CRO). Where this option is used, the relevant group’s website must contain a notice confirming that the report has been published through the CRO, together with a link to the report. The notice and link must remain freely available for at least five years.

The CRO’s public CbCR Document Library is now operational, and reports are currently submitted through the CRO’s dedicated email address. Groups intending to use this route should allow sufficient time for the report to be processed and published before the statutory deadline.

What information must be made public?

The report covers the activities of the reporting undertaking and, where relevant, the affiliated undertakings consolidated in the ultimate parent’s financial statements. It includes general information such as the ultimate parent’s name, the relevant financial year, the presentation currency, a list of consolidated subsidiaries established in the EU or in jurisdictions included on the relevant EU list of non-cooperative jurisdictions, and a brief description of the group’s activities.

The core quantitative disclosures include:

• number of employees on a full-time equivalent basis;
• revenues, including revenue from related-party transactions;
• profit or loss before income tax;
• income tax accrued for the current financial year, excluding deferred tax and provisions for uncertain tax liabilities;
• income tax paid on a cash basis, including certain withholding taxes; and
• accumulated earnings.

The information is presented separately for each EU Member State and for specified jurisdictions on the EU lists of non-cooperative jurisdictions. Information for other third-country jurisdictions is generally aggregated. Groups must therefore identify the relevant EU lists by reference to the dates prescribed in the Regulations rather than applying only the list that happens to be current when the report is prepared.

Groups may alternatively elect to prepare the financial information using the reporting instructions applicable to private CbCR under DAC4. The report must state which reporting basis has been used.

Format and publication in Ireland

The information must be presented separately for:

• Each EU Member State;
• Each jurisdiction included in Annex I of the EU list of non-cooperative jurisdictions on 1 March of the reporting financial year; and
• Each Annex II jurisdiction included on the list on 1 March of both the reporting financial year and the preceding financial year.

Information for all other jurisdictions may be combined under an aggregated “rest of the world” category.

Where several group entities or branches operate in the same jurisdiction, their information must be combined for that jurisdiction. Activities should be attributed based on where the undertaking is established or has a fixed place of business or permanent business activity that may be subject to income tax. The same activity and associated financial information must not be reported in more than one jurisdiction.

The report must be prepared using the applicable EU common template[5] (with certain exceptions) and electronic reporting format. Accordingly, groups should determine their reporting methodology early, reconcile it with the private CbCR and consolidated financial statements, and apply it consistently across all jurisdictions.

Responsibility, audit and penalties

The Regulations place collective responsibility on the relevant directors, management or authorised branch persons for drawing up, publishing and making the report accessible. Where an undertaking’s financial statements are subject to statutory audit, the auditor’s report must state if the undertaking was required to publish a public CbCR report for the preceding financial year and, if so, whether the report was published.

Failure to comply is a summary offence carrying a Class A fine of up to €5,000, imprisonment for up to six months, or both. Where an offence by a body corporate is attributable to the consent, connivance or neglect of a director, manager, secretary or other relevant officer, that person may also be prosecuted. The Corporate Enforcement Authority has responsibility for investigating and enforcing suspected offences. The statutory penalty is only part of the risk.

Why public CbCR is more than data collection?

Once published, the report can be reviewed by investors, customers, employees, competitors, the media and civil society and not just tax authorities. The machine-readable format will also make it easier to compare ratios such as profit per employee, tax accrued versus tax paid, and profit margins across jurisdictions. Those ratios can be misleading without an understanding of business models, timing differences, loss carry-forwards, tax incentives, withholding taxes or the location of key functions and intangible assets.

Groups should test whether the public report is consistent with their consolidated financial statements, OECD CbCR, transfer pricing policies and documentation, Pillar II data, published tax strategy and other corporate disclosures. Particular attention should be given to apparent mismatches between people, revenue, profit and tax, as these may attract questions even where the underlying position is technically correct. The template permits additional information, so carefully drafted activity descriptions and concise explanatory narrative can reduce the risk of legitimate data being misinterpreted.

What groups should do now?

1. Check if the group is within scope. Confirm the €750 million two-year test, the location of the ultimate parent, and every EU subsidiary and branch that could create a local obligation.
2. Confirm the Irish trigger. Check the Irish entity’s status under the public CbCR subsidiary test or the branch turnover test, rather than assuming that the parent will manage the obligation centrally.
3. Build a deadline map. Identify the first reportable period and publication date in Ireland and in every other relevant EU jurisdiction, noting that local filing mechanics can differ.
4. Assign governance and ownership. Agree responsibilities across tax, finance, legal, company secretarial, audit, investor relations and communications, including review and board sign-off.
5. Choose and document the reporting basis. Map each required data point, confirm the source systems and definitions, and test the data against the Commission template and Inline XBRL requirements.
6. Reconcile and pressure-test the report. Compare the draft with OECD CbCR, financial statements, transfer pricing documentation, Pillar Two data and other public statements; investigate material differences and prepare appropriate explanations.
7. Plan publication and retention. Decide whether to use the group website or CRO route, build in the five-year availability requirement and document any proposed commercially sensitive deferral.

Our approach

RBK can assist groups with assessing the scope and timing of their Irish public CbCR obligations, mapping data and responsibilities, reviewing the proposed reporting basis, and reconciling the draft disclosure with financial statements, OECD CbCR, transfer pricing documentation and Pillar II data. We can also support the development of appropriate explanatory narrative, governance and publication processes so that the report is technically compliant, internally consistent and ready for public scrutiny.

If you would like to discuss how the rules apply to your group, please contact us.

 

Disclaimer: While every effort has been made to ensure the accuracy of information within this publication is correct at the time of going to print, RBK do not accept any responsibility for any errors, omissions or misinformation whatsoever in this publication and shall have no liability whatsoever. The information contained in this publication is not intended to be advice on any particular matter. No reader should act on the basis of any matter contained in this publication without appropriate professional advice.

[1] – https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32021L2101

[2] – https://www.irishstatutebook.ie/eli/2023/si/322/made/en/pdf

[3] – Substituted (1.07.2024) by European Union (Adjustments of Size Criteria for Certain Companies and Groups) Regulations 2024 (S.I. No. 301 of 2024), reg. 4(a), (b), in effect as per reg. 2.

[4] – https://eur-lex.europa.eu/eli/reg_impl/2024/2952/oj/

[5] – Commission Implementing Regulation (EU) 2024/2952 and its Annexes I to IV.