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 have good courts and they will oversee the proceedings. I do not think that we should re-enact them. Indeed, it is not a re-enactment because it has not happened yet. In any event, I do not think we should try to do this work for them. At least, I would not be playing my part very well if that were the case because I am not a lawyer. However, I can say how it looks from my side. We did not investigate how Apple organised its operations. We did not investigate the cost-sharing agreements. We did not investigate the fact that Apple records its profits in Cork, Ireland.

We were looking at whether the allocation of profits was recorded in the branch and whether, therefore, it had to be taxed in Ireland, or recorded in the stateless headquarters and, therefore, not to be taxed in Ireland. We found that the recordings by Apple, which we did not question, could not be supported by economic activity. That is why they ought to be recorded in the branch of the company that is taxable in Ireland.