Taxes Consolidation Act 1997 section 111B

Principles for construing rules in accordance with OECD Pillar Two guidance

Section 111B sets out how the Irish Pillar Two rules are to be interpreted, requiring consistency with OECD guidance, and defines the suite of OECD documents that form part of that guidance.

• The legislation contained in Part 4A is derived from the EU Minimum Tax Directive and the OECD Model Rules. The section lists specific OECD publications — including commentaries, model rule examples, administrative guidance, safe harbour rules, and the GloBE Information Return template — that together constitute "OECD Pillar Two guidance" for the purposes of Irish law.
• When calculating or administering IIR top-up tax, UTPR top-up tax, or domestic top-up tax, the Irish rules must be read so as to produce results consistent with how the OECD Model Rules would apply under that guidance, unless doing so would conflict with the EU Directive.
• The Minister for Finance may, by order, designate any further OECD guidance documents as forming part of the defined OECD Pillar Two guidance, thereby incorporating future OECD updates into Irish law without primary legislation.
• Any such Ministerial order must be laid before Dáil Éireann and may be annulled by resolution within 21 sitting days, though anything done under the order before annulment remains valid.

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