Results 13,881-13,900 of 27,945 for speaker:Michael McGrath

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Has the decision raised any difficulties for Ireland in terms of other multinationals who might now question the issue of tax certainty? I refer to companies which have been given an advance Revenue opinion but which now see it retrospectively overruled by the European Commission under state aid rules. Does it undermine certainty around our corporation tax offering that a case of this...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: It emerged yesterday that NAMA had paid €158 million following the closing of the loophole around section 110 companies and that this preliminary tax liability related to its profits from September to December of last year. Given that it is a State agency, this is essentially a circular transaction but it has wider significance in that it calls into question the amount of tax that has...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: What does it indicate about the amount of tax that has been forgone through the use of section 110 companies? If it was €158 million for four months for NAMA-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: On a point of information, the example Deputy Doherty gives of widgets relates to an Irish-incorporated, Irish-resident company. The Apple issue relates to two non-resident companies. There is a fundamental distinction. We can argue about where they should be resident but that is the point.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Deputy Doherty should have added that in.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: I welcome Mr. Cody and his colleagues from the Revenue. I appreciate the constraints he is working within but I want to focus initially on what is the nub of the case, as I read it and having read the Commission's overall decision. It goes back to the tax rulings, as it calls them, or the advance opinions, whereby the basis of deciding how much of the profits of Apple Sales International,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: If I may add one further point, the Commissioner was very clear in her assessment earlier in the week that there was not a defined methodology and that there seemed to be no basis for it. I am asking Mr. Cody to respond to that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Does the company make the initial proposal as to the basis of the attribution?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Is Mr. Cody saying that the methodology used in this particular case for the attribution of profits between the branch and the head office is not unusual, and that the basis was common to other tax opinions in which Revenue engaged?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Does the Revenue still have extensive records or documentation dating back to 1991 in particular? How extensive is the file going back to the 1991 tax opinion?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Is there a human memory still available for 1991 and 2007? In 2007 I presume people who were directly involved in the case are available.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: For both 1991 and 2007?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Is there any evidence of political influence going back to the 1991 or 2007 tax opinions? Did Revenue have any contact with the Department of Finance or elected representatives in advance of or during the process of making the advance opinions in the case of Apple?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Okay. In the case of the two companies concerned, it has been said, and there are references in the Commission’s decision about the test of management and control in terms of where the companies conducted their activity. For example in the cases of ASI and AOE, where did their board meetings take place?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: I have two further quick questions. Is the position Revenue has taken in defending the tax opinions given to Apple in 1991 and 2007, a unanimous one in terms of the board? Could Mr. Cody clarify that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: Was there any dissent? These questions need to be asked. To the best of Mr. Cody's knowledge, was it the unanimous position of Revenue?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: If the courts find against the State, can Mr. Cody clarify whether Revenue has a legal basis for collecting the money? Revenue's position is that under Irish law, it is not due this money and Mr. Cody is responsible for applying the statutory taxation provisions. Does the EU state aid law supersede that in the event that the European courts uphold the Commission's finding that Ireland is...

Written Answers — Department of An Taoiseach: Departmental Communications (7 Feb 2017)

Michael McGrath: 88. To ask the Taoiseach if he or any Minister of State in his Department uses a personal email account for work purposes; the security controls that are in place on the use of personal email accounts for Department-related business; and if his Department has a policy on this matter. [5297/17]

Written Answers — Department of Justice and Equality: Legislative Programme (7 Feb 2017)

Michael McGrath: 143. To ask the Minister for Justice and Equality when she expects the judicial council Bill to be progressed; and if she will make a statement on the matter. [6021/17]

Written Answers — Department of Finance: Mortgage Arrears Rate (7 Feb 2017)

Michael McGrath: 188. To ask the Minister for Finance the amount of warehoused mortgage debt under the split mortgage solution for both principal dwelling homes and buy to let mortgages on an aggregate basis and by financial institution; and if he will make a statement on the matter. [6023/17]