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Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Sorry, was it the Committee on Finance, Public Expenditure and Reform, and Taoiseach?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Mr. Cody referred to the OECD as the benchmark because it says we operate to best practice.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Does Mr. Cody believe that there are any tax havens? Are there any countries operate as tax havens? I am not asking him to name them; I am asking whether Mr. Cody accepts there are tax havens operating in some parts of the world.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: It is when Mr. Cody cites the OECD.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: There is no need for Mr. Cody to be so defensive, because all I am doing is putting questions to him.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Okay. All I am doing is putting questions to him. I am reading a statement that Mr. Cody made where he said that Revenue's approach to tackling offshore evasion is recognised by the OECD and that, then, is the benchmark. I am reading from two reports by the OECD, one from 2000 where it identified seven jurisdictions which it says were tax havens, namely, Andorra, the Principality of...

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: I have the direct quote here.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: No.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: With respect, I am not.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Sorry, with respect, no I am not. What I have put to Mr. Cody is exactly what he said. If he would sit back and listen for a moment to what I am saying, it is that Mr. Cody said that the Revenue Commissioners approach to tackling offshore evasion is recognised by the OECD as best practice. Is that correct?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Mr. Cody was offering up the OECD and its standards as the standard by which we should judge whether the Revenue Commissioners' approach is best practice. I am saying that this is the same organisation which, in the same breath, is telling us that there are no tax havens at all. That is the point I am making. I will move away from that because, with respect, Mr. Cody completely...

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: No, that is okay. Is it also the case that the number of companies in receipt of the credit has decreased?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Is it the case that ten companies claimed €416 million of those tax credits? Is that correct?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Does Mr. Cody mean million?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: If you could, because my understanding is that ten companies claimed two thirds of the overall amount, which is €416 million.

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: And I am asking the question here. I seek clarification as to whether the figure is correct. I am assuming it is correct, which then means that many smaller companies that we are trying to encourage to develop and grow may not be getting a fair crack of the whip. If it is the case that we have a tax credit in place that is simply going to the top companies and is not filtering down to...

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Is there any concern that companies are inflating the research and development being undertaken? Is that something that would concern the Department? Does it form part of the Department's examination of the tax credit?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: May I turn to Apple briefly?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: What I might do is come back to the Apple issue in the second round. I have one final question for Mr. Cody. He said last night that Revenue would investigate thoroughly and seek to recover the tax avoided, together with interest and avoidance surcharges. Has anybody in the State been subject to a criminal sanction for not paying tax in the past five years?

Public Accounts Committee: Comptroller and Auditor General 2016 Report
Chapter 20: Corporation Tax Receipts
(30 Nov 2017)

David Cullinane: Does Mr. Cody have data he could provide for the committee or is it sensitive information? Obviously, we are not looking for the names of the individuals involved, but in terms of the numbers-----

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