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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)

Pearse Doherty: I am challenging inaccuracies that the Minister has put before the committee. We have established one in the Minister's assessment that the Commission is asking us to tax all worldwide profits. We understand now that it is not the case and the statement has been debunked. I am challenging the Minister's comment to the committee that it is not appropriate that we would be asked to collect...

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)

Pearse Doherty: I am asking where the intellectual properties of Apple products lay.

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)

Pearse Doherty: I am not.

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)

Pearse Doherty: We are trying, in the first instance, to establish the position regarding economic rights. We are talking about economic rights and not intellectual property. I would appreciate if the Minister answered the questions. My contention is that economic rights for all sales of Apple products outside of the Americas rested with an Irish-registered company. That would not alter the Commission's...

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)

Pearse Doherty: If a company producing widgets was established in Dundalk and sold those widgets in Australia, Spain and the United States, where would the profits be taxable? The intellectual property for the development of the widgets rests in the company in Ireland. Where would the profits be calculated? Is it not standard that they are calculated in Ireland?

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)

Pearse Doherty: It is controlled in Ireland. Is it not the case that the profits of an Irish company, controlled, operated and tax resident in Ireland, which sells products in other jurisdictions, are taxable at the point where they are recorded?

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)

Pearse Doherty: Of course. Is it not the case that it is standard practice regardless-----

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)

Pearse Doherty: No but we are talking about simple, basic things here.

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)

Pearse Doherty: We are talking about me rubbishing the Minister's comments about how Ireland could not be expected to collect taxes for products sold in Spain, Africa or wherever else. Every Irish-registered and controlled company that sells products overseas is taxable on its profits recorded in Ireland. Is that not a fact?

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)

Pearse Doherty: I did make the point but the point that the Commission makes very thoroughly is that it is impossible for all of these profits to go through a company that does not exist, that has no physical presence, no employees, no way to deal with risk, control or distribution and indeed it was the Irish division of that company which carried out all of those functions on behalf of the non-registered...

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)

Pearse Doherty: Go raibh maith agat agus fáilte ag an coiste. We appreciate the fact that there is a legal case and that some of this will be technical. We will all have to wait the course. The die is cast. Unfortunately, this State is going to spend many millions of taxpayers' money that the Revenue Commissioners collect to fight a case so that we do not take in €13 billion - possibly up to...

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)

Pearse Doherty: Was Revenue's opinion sought?

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)

Pearse Doherty: On the legal advice from 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)

Pearse Doherty: Was it a Revenue decision or a Government decision?

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)

Pearse Doherty: I understand that. I just wanted to clarify it. However, Revenue was consulted but offered no advice one way or the other.

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)

Pearse Doherty: However, the authorities here got this one badly wrong. The Irish taxpayers have been stung for the costs of this when there are so many other pressing issues.

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)

Pearse Doherty: The tax case was proceeding in any event. It was outside the jurisdiction. It was within the courts.

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)

Pearse Doherty: As legislators, we are probably asked to look at all other issues. I refer, for example, to the HSE decision on Orkambi yesterday. We need to look at all the resources and where they are best applied. A failed challenge is not the best use of resources. I want to move on. I want it to be clear that I do not make any assertion to the effect that there has been political interference. Mr....

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)

Pearse Doherty: I appreciate-----

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)

Pearse Doherty: I agree with that. I have tremendous respect for the work Revenue has done. It sometimes has to collect taxes with which it does not agree but, by and large, it has done a tremendous job over the years. I have serious issues, however, over the Apple case. On the question of the independence of Revenue, we are dealing with a tax ruling from 1991 after negotiations that began in 1990. Did...

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