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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)

Michael D'Arcy: Yes. I am sorry.

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

Michael D'Arcy: I assume Mr. Redmond's body represents many of those marquee names - Apple, Google, etc. What is the primary reason they are established in this country? Is it access to the Single Market or our staff? What is the primary reason they are here?

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

Michael D'Arcy: Not access to the Single Market.

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

Michael D'Arcy: Can I push on Mr. Redmond analysis somewhat as he is in a good position to give a view? In terms of Brexit, we hear of Frexit and the potential prospect of other countries leaving. Could Ireland leave the European Union, the Single Market and the Customs Union and not suffer a huge loss in terms of those type of jobs?

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

Michael D'Arcy: Is Dr. Stewart aware of the Ernst & Young analysis on the CCTB?

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

Michael D'Arcy: It stated clearly that there would be an enormous transfer. The countries that would gain are the large countries and those that would lose are the small countries. Why would we go down that route?

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

Michael D'Arcy: It is good to hear Dr. Stewart's view on what would happen. Many get much more air time than he does. On the repatriation of profits to the US from those stateless companies, I recall Mr. Tim Cook clearly stating in an interview that there is a fund of billions of dollars for when Apple repatriates its profits. Should it be the country where the product is invented, created and formed...

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

Michael D'Arcy: I will ask, because it is something that is important, whether Dr. Stewart saw the committee's view on the CCCTB.

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

Michael D'Arcy: Were we wrong to take the position we took?

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

Michael D'Arcy: In some areas, not all.

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

Michael D'Arcy: I will ask Mr. Clarken about the base erosion and profit shifting, BEPS, process. Was it he who stated that the BEPS process will probably not be a success?

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

Michael D'Arcy: If the US is not prepared to play ball on country to country reporting, is it Mr. Clarken's position that it cannot work?

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

Michael D'Arcy: We were the first country to move on the BEPS process. Some other countries within the OECD still have not moved. It was budget 2014 when we moved ahead of everybody else and we were told by the Department of Finance that there would be first-mover benefit. Did any first-mover benefit accrue to ourselves?

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

Michael D'Arcy: Could the US leave the BEPS process?

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

Michael D'Arcy: I will discuss the Apple case with Mr. Keegan and Mr. Redmond and then the hypotheticals. Mr. Tim Cook stated in the statement in August of last year that Apple had taken a Revenue opinion on how the taxes would be applied and acted in accordance with that opinion. The Revenue Commissioners have also said that is the case, that they gave an opinion of how the law should be applied to the...

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

Michael D'Arcy: I am putting it hypothetically.

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

Michael D'Arcy: What about the prospect of a case taken against the State on the basis that the information is given by the Revenue Commissioners to a company and subsequently a state aid case is taken?

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 D'Arcy: The Minister stated the Commissioner was "misusing" the state aid rules. Is this an attempt by the Commission to affect the State's tax sovereignty?

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 D'Arcy: I put a question to Commissioner Vestager this week that, on the basis of Tim Cook's statement in August, it was quite clear that the company sought an opinion from Revenue, which it took and applied, as it saw it, correctly and legally. On the basis that Apple sought and applied that opinion and given the retrospective nature of the decision of the Commission, subsequent to losing the...

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 D'Arcy: If Apple loses and gets a bill for €13 billion, as a result of the information given by the Revenue, does the Minister think it would not take a case?

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