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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I ask the Deputy to allow the witness to finish giving his answer.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Thank you Senator Conway-Walsh. I have a few questions on the CCCTB proposal. In 2016 we had huge celebrations of our sovereignty. Does Dr. Stewart believe there is a danger that the CCCTB could water down or compromise our sovereignty and our ability to set our own tax rules?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: If Ireland were to agree to the proposal, Dr. Stewart does not believe that it would compromise the Oireachtas in terms of setting tax rules. Is that correct? I ask Dr. Stewart to give me a "Yes" or "No" answer.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: That is okay.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: The second point I want to pick up on relates to Dr. Stewart's response to Deputy Michael D'Arcy. He said that it does not change the rate of tax at which companies are charged.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: In terms of a company for which this would become mandatory and the capacity of the State to charge tax on a company's passive income and investment income, the European Commission confirmed to this committee that the State could not charge a higher rate on that. Would Dr. Stewart agree with that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: The CCCTB would change the rate. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Can we charge tax at the higher rate on investment income and passive income?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: That is a huge point which was also made by the Commission in here. Given that Dr. Stewart is advocating that we do this, is it not strange that he is not aware of that aspect of the proposal? The European Commission has given evidence to this committee and was very clear that countries will only be able to charge one rate and will not be able to charge a higher rate on certain income.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Would it be fair to say, in terms of market share and population, that there are many areas where larger countries could benefit quite substantially in comparison with Ireland?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: It seems a very uncertain road. My final point relates to the current mismatch in terms of countries outside Europe. Will the CCCTB have any influence on that or change anything in that regard?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I am asking about the mismatch when Ireland is dealing with other countries. To take the Apple case, there is a mismatch of international tax legislation. Does Dr. Stewart believe that these proposals would do anything to change that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: How does he see that happening?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Yes, but not with a third country.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Correct.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: So, it does not solve that problem. To stick with the Apple case, obviously the law has changed here since then but in terms of the major international mismatch, a lot more work has to be done to solve that, rather than narrowly focusing on one EU proposal.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Finally, I have a question for Mr. Keegan. When we hear the term "deals" being used in the media, very loosely in some cases, with regard to the Apple case, does that compromise Revenue's authority to issue advance opinions? Obviously investors and taxpayers need to rely on advance opinions, in terms of their interpretation of the law and in terms of certainty.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: When Commissioner Vestager appeared before this committee, she insisted that the sovereignty of this country was not being watered down by her decision to impose state aid rules and to take this case. She was very clear that the Commission was not encroaching on our laws. Is there anything in the various tax consolidation Acts that can be used to collect this tax from Apple?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I heard a tax expert on radio recently who said that the company submitted its tax return in compliance with the law and that in this case there was also an advance opinion to back that up. The Commission is using state aid rules as a vehicle to collect this tax. Is that correct?

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