Oireachtas Joint and Select Committees

Wednesday, 18 September 2013

Committee on Finance, Public Expenditure and Reform: Joint Sub-Committee on Global Corporate Taxation

Base Erosion and Profit Shifting: Discussion with Department of Finance and Revenue

3:25 pm

Mr. Eamonn O'Dea:

I stated already that Revenue does not deal with companies based on international structures. We address the facts and circumstances arising here in the country that are relevant to the Irish tax liabilities of the companies concerned.

The issue in relation to state aid is, as has already been explained by Mr. Tobin, whether there might be any kind of discriminatory approach to a particular sector or a particular group of companies. What we have attempted to emphasise and be very emphatic about is that there is no such approach here, that we deal with the facts and circumstances of particular cases by reference to international principles in attributing the profits to those companies. There are no special arrangements. There is no discriminatory approach. We do not address international structures.

The point I tried to make early on, in response to the valid question, was that it is important to make clear the distinction between the rates that transnational companies or transnational groups of companies might be able to achieve and what a sovereign nation offers. We need global rules for global entities but we have our national rules for the national profits arising. It is understandable how people would be concerned if high-profile and, apparently, very highly-profitable companies end up paying low average rates across jurisdictions. That may well be understandably a source of concern. However, in terms of Ireland's role and the role of the Revenue Commissioners, we ensure that the branches and companies operating here are taxed according to the same rule that goes across all companies and there is no discriminatory aspect.