Dáil debates

Thursday, 14 January 2016

10:35 am

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael) | Oireachtas source

In June 2014, the competition directorate of the European Commission announced its intention to open formal state aid investigations into tax rulings provided by a number of companies in various member states of the European Union.  This announcement is part of a much wider review of tax ruling practice that is currently being undertaken by the European Commission. In late 2014, the Commission announced that it was broadening its inquiries to include all 28 member states.  As the Commission has acknowledged, Ireland has co-operated fully with the process to date. We will continue to do so. I emphasise that while the Commission has opened a formal investigation in relation to one particular case involving Ireland, it has not made a final determination on the matter.  Ireland has provided a detailed and comprehensive response to the Commission investigation, demonstrating that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, no selective advantage was given and there was no state aid. It would not be appropriate at this stage to speculate on whether the Commission would seek recovery in the event of it hypothetically making a finding of state aid.  I remain of the view that there was no breach of state aid rules in this case and that the legislative provisions were correctly applied. Even if the Commission formed the view that there was state aid, Ireland is entitled to challenge this decision in the European courts.  As the Government has already indicated, we will take such a course of action if necessary to continue to vigorously defend Ireland's position. As I have said previously, there is simply no question that the Irish authorities sought to give the company in question any kind of special tax deal.

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