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Written Answers — Department of Housing, Planning, Community and Local Government: Construction Industry (9 Feb 2017)

Michael McGrath: 123. To ask the Minister for Housing, Planning, Community and Local Government if the review on the cost of building a home here will include the cost of building an apartment here; and if he will make a statement on the matter. [6575/17]

Written Answers — Department of Housing, Planning, Community and Local Government: Construction Industry (9 Feb 2017)

Michael McGrath: 124. To ask the Minister for Housing, Planning, Community and Local Government the different costs that are being included in the review on the cost of building a new home here; if this review will include the cost of finance for developers; and if he will make a statement on the matter. [6576/17]

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

Michael McGrath: Mr. Redmond used some fairly strong language about second guessing taxation decisions in a retrospective fashion. He also spoke of tax certainty. The Commission announced the decision back in August. Has it had an impact on sentiment or on the way US multinationals view Ireland with regard to tax certainty or the integrity of Revenue?

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

Michael McGrath: There has been no discernible impact on how Ireland is viewed. Mr. Redmond has not heard of any change in the way Ireland is regarded as a place for foreign direct investment.

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

Michael McGrath: Mr. Clarken advocates the need for a truly international organisation to advance the cause of tax justice. He suggested the UN, saying that the OECD and EU are not the appropriate bodies to resolve the issue of legal corporate tax avoidance. What of the substance of the OECD's base erosion and profit shifting, BEPS, initiative? Irrespective of the fact that, although it is not global, the...

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

Michael McGrath: If the developing countries had been involved in the process from the outset, how would the substance of what has been agreed be different? I understand Mr. Clarken's point, in that those countries are being asked to join something in which they did not have a role in designing. That is fair enough, but if they had been, what would be wrong with the BEPS project and its objectives and...

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

Michael McGrath: Will Mr. Keegan comment on the issue of profit shifting that Mr. Clarken raised in his opening statement? Mr. Keegan is the expert on tax law. When I examine how profits move from one jurisdiction to another, it always seems to involve transfer pricing and royalty payments for intellectual property, with the profits ending up in countries where there is practically no tax to be paid....

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

Michael McGrath: In terms of the ability of a large multinational to design its corporate tax structure and engineer its affairs in a manner whereby profits can be moved along the chain to end up in a country where no tax is paid, let us say a true tax haven, is there still too much flexibility through the royalty payment process where there is no underlying economic rationale for the transfer pricing...

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

Michael McGrath: Will BEPS resolve it?

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

Michael McGrath: Dr. Stewart went into the Apple issue in some detail. I thank him for that. He is a strong advocate for tax justice. Emerging from this case is the scenario whereby all of Apple's profits outside of the Americas - approximately 60% of its global profits - should have been subject to tax in Ireland as opposed to all of the other countries where Apple had operations and its products were...

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

Michael McGrath: Yes.

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

Michael McGrath: In the case of Apple, is it Dr. Stewart's view that the money was legally owed to Ireland because of the tax structure that was used, but in terms of economic substance it should not be paid to Ireland as many other countries would have a legitimate claim on a share of it?

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

Michael McGrath: The payment by Apple of €13 billion to Ireland is hardly a leading example of tax justice.

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

Michael McGrath: It is a bit more complicated than that. Much of the profits concerned remain untaxed pending possible repatriation to the United States and pending claims by other countries which can claim there was economic activity in their jurisdiction that contributed to the generation of those profits. Commissioner Vestager opened up that in the Commission press release last August. It is not as...

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

Michael McGrath: I thank Dr. Stewart.

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]

Written Answers — Department of Finance: Tax Code (7 Feb 2017)

Michael McGrath: 189. To ask the Minister for Finance when NAMA started using the section 110 tax structure; the purpose of NAMA using this structure; and if he will make a statement on the matter. [6043/17]

Written Answers — Department of Finance: Tax Code (7 Feb 2017)

Michael McGrath: 190. To ask the Minister for Finance if he will provide an estimate for each year that NAMA was using the section 110 tax structure of the amount of corporation tax it saved as a result; and if he will make a statement on the matter. [6044/17]

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