Oireachtas Joint and Select Committees

Wednesday, 29 November 2017

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

Paradise Papers: Chairman, Office of the Revenue Commissioners

6:15 pm

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

Can Mr. Cody tease out how the general anti-avoidance provisions in the Taxes Consolidation Acts work in practice, where Revenue believes a structure is designed with this purpose of avoiding tax and has no underlying economic purpose? All tax structures and transactions will be based on advice and with a view to minimising or avoiding tax. In what circumstances would Revenue invoke those general anti-avoidance provisions? Would it be in cases where it thinks there is something artificial involved and that is then not legal? It can invoke those powers to reverse it but it seems to me there is a very fine line between them because these are all avoidance structures.

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