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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 7 - Office of the Minister for Finance (Supplementary)
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(23 Nov 2023)

Michael McGrath: In recent weeks, we received an opinion from the Judge Advocate General in the Apple case, that will be taken into account by the European Court of Justice, which may reach the same conclusion or a different one. The ECJ may well refer the case back to the general court or it may deal with the case and arrive at a definitive judgment. That remains to be seen. As long as the matter remains...

Written Answers — Department of Finance: Tax Code (23 Nov 2023)

Michael McGrath: I propose to take Questions Nos. 104, 177, 181 and 183 together. I understand that the Deputy is referring to the recent Opinion of the Advocate General in the Apple Case. In 2016, the European Commission issued a Decision finding that Ireland had provided State aid to Apple. Ireland challenged this decision before the General Court of the European Union (GCEU) and in2020, the GCEU issued...

Written Answers — Department of Finance: Tax Code (23 Nov 2023)

Michael McGrath: ...the Deputy is referring to the OECD's two-pillared solution to address the tax challenges associated with the digitalisation of the economy and the recent Opinion of the Advocate General in the Apple Case. Ireland signed up to the OECD two-pillar agreement in October 2021 and we intend to follow through on that commitment. Our long-standing position is that the international tax system...

Written Answers — Department of Finance: Tax Rebates (26 Sep 2023)

Michael McGrath: ...any year are exempt from CGT. Section 604B of the Taxes Consolidation Act 1997 provides relief from CGT in respect of gains arising on transactions undertaken to achieve farm restructuring. The relief apples to a sale, purchase or exchange of agricultural land in the period from 1 January 2013 to 31 December 2025, where Teagasc has certified that the sale, purchase or exchange of...

Ceisteanna - Questions - Priority Questions: State Aid (24 Oct 2017)

Michael McGrath: At the end of August last year the European Commission issued its state aid ruling in regard to Apple. Since then, the money, €13 billion, plus interest, has not been collected. While I fundamentally disagree with the European Commission's state aid ruling, I believe it must be respected. When will this money be collected and lodged to the escrow account as promised?

Ceisteanna - Questions - Priority Questions: State Aid (24 Oct 2017)

Michael McGrath: ...about removing the veto in regard to corporation tax matters. These are very serious issues. The key issue is that by not meeting the European Commission's deadline for collecting the money from Apple we have provided those who seek to target us with unnecessary ammunition. I do not understand why the Minister will not say when he expects the money to be paid over. The money should be...

Financial Resolutions 2018 - Budget Statement 2018 (10 Oct 2017)

Michael McGrath: .... Fianna Fáil welcomes the publication of Seamus Coffey's report and supports the implementation of its recommendations. Last week's announcement by the European Commission that it has referred Ireland to the European Court of Justice for failing to collect between €13 billion and €15 billion from Apple could not have come at a worse time. We disagreed with 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: 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: 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 Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael McGrath: ...all. Does the Minister accept that from the Commission's point of view the decision was based on its interpretation of state aid rules and how they related to Ireland's application of tax law to Apple? What role did politics play? The Minister raised the issue. He said it was a mix of tax law and politics. I am trying to clarify, in the Minister's opinion, what role politics played 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: 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: ...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, ASI, and Apple Operations Europe, AOE, reside in the Irish branch and how much reside in head office. It set out in its decision the basis that was used so in 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 McGrath: ...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: 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: European Commissioner for Competition (31 Jan 2017)

Michael McGrath: ...the state aid finding and the issue of selectivity, I want to ask the Commissioner about how the Commission reached the conclusion that the Revenue Commissioners had applied selective treatment to Apple which was not available to any other company operating in Ireland. That was the only basis on which it could have reached the conclusion that there had been the provision of state aid,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: European Commissioner for Competition (31 Jan 2017)

Michael McGrath: ...aid. As the Commissioner has acknowledged, every tax ruling or, as we call them in Ireland, "advance opinion" from the Revenue is based on the particular circumstances of the case. In the case of Apple, one had two non-resident companies and the apportionment of profits between the Irish branch and head office. Without comparing how Apple was treated by way of an advance opinion...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: European Commissioner for Competition (31 Jan 2017)

Michael McGrath: ...dissimilar methodology and characteristics were used by the Irish Revenue in issuing advance opinions to other multinationals that operated in Ireland? Ms Vestager is saying it was particular to Apple but she is not backing that up by giving the evidence that it was unique. How does Ms Vestager know it was unique?

Finance Bill 2016: Second Stage (25 Oct 2016)

Michael McGrath: ...harmonisation by the back door. We urge the Government to engage constructively with the Commission but to also be prepared to stand strong against attempts to undermine our tax sovereignty. We cannot be caught off guard again, as we were with the Apple case. There was a great deal of discussion in the lead-up to the budget about the taxation of vulture funds using section 110...

Financial Resolutions 2017 - Budget Statement 2017 (11 Oct 2016)

Michael McGrath: ...Minister, Theresa May, triggers Article 50 by next March will be among the most important this country has participated in and we need to be fully prepared. Much like in the case of the European Commission's Apple tax ruling, the Government here seemed ill-prepared for the Brexit vote. It is an open question as to whether this Government has the strength and capacity to meet the...

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