Oireachtas Joint and Select Committees

Tuesday, 31 January 2017

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

EU State Aid Rules - Investigation into Preferential Tax Rulings: European Commissioner for Competition

12:30 pm

Ms Margrethe Vestager:

We are running late but I would be sorry to leave questions hanging as that would be a little tricky. It is very important not to have things unclear, if I am clumsy in my responses. I want to make sure, at least from my side, it is absolutely clear that we do not interfere in how a national tax administration works. What we are saying is that, when we look at section 21 spelling out that the tax rate in Ireland is 12.5%, and go through section 25 to look at whether there is a methodology, we find no methodology and we find very specific and different tax rulings advising on the methodology on how to allocate profits if they are then to be taxed by section 21. The logic of state aid is to say that if one is using state resources, or letting go of or not having state resources, if it is selective or if it is beneficial, then it is state aid. It then kicks in that we have all obliged each other to go back ten years in time and recover the unpaid taxes. Those two things can exist at the same time. It is for the national authorities to make sure that both our common legislation and our national legislation is upheld at the same time in order to create the security the Deputy wants to have for investors in the future.

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