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Finance Bill 2022: Report Stage (23 Nov 2022)

Paschal Donohoe: .... I will answer some of the questions put to me, by Deputy Barry, in particular. We do not have information or guidance at present from the ECJ regarding when the final hearing relating to the Apple case will happen. I imagine that at this point in the year it will probably be some time in 2023 but that-----

Seanad: Finance Bill 2021: Committee and Remaining Stages (14 Dec 2021)

Paschal Donohoe: The Senator is comparing apples with pears. We are discussing the diesel rebate scheme, which is worth €20 million. The figures the Senator has produced are the difference in taxation between diesel and petrol. That is the €400 million figure. That figure is the disparity between the taxation of diesel and petrol. It is not the diesel rebate scheme. The diesel rebate...

Written Answers — Department of Finance: Apple Escrow Account (2 Dec 2021)

Paschal Donohoe: As the Deputy will know, in April 2018, the Minister for Finance and Apple Sales International Limited and Apple Operations Europe Limited entered into an escrow framework deed giving legal effect to arrangements for the recovery of the alleged State aid to Apple. The deed provides that each party pays its own fees and expenses incurred in respect of the drafting of the deed. Therefore...

Written Answers — Department of Finance: State Aid (21 Oct 2020)

Paschal Donohoe: The European Commission has lodged an appeal to the Court of Justice of the European Union (CJEU) in the Apple State aid case. An appeal to the CJEU must be on a point, or points, of law. The party appealing may challenge the General Court of the European Union’s (GCEU) interpretation of the State aid rules and the application of them to the case, but not the facts of the case, as...

Committee on Budgetary Oversight: Pre-budget Engagement: Minister for Finance (1 Oct 2020)

Paschal Donohoe: I thank the Deputy. I am participating in an event with Commissioner Vestager in the morning. I have a lot of respect and recognition for the work she does. All of the issues in regard to Apple have been well aired elsewhere for quite a while. We just have to look at the work that has been published by the Revenue Commissioners, in which they indicate that the effective rate of tax paid...

Written Answers — Department of Finance: Departmental Expenditure (29 Sep 2020)

Paschal Donohoe: The Deputy will be aware that on 15 July 2020, the General Court of the European Union annulled the European Commission's State Aid Decision of 30 August 2016 with respect to Apple.  Ireland has always been clear that, based on Irish law, the correct amount of Irish tax was charged to the company and that Ireland did not provide State aid to Apple. This was the reason that Ireland...

Written Answers — Department of Finance: Corporation Tax (28 Jul 2020)

Paschal Donohoe: As the Deputy will be aware, the State recovered the alleged State aid from Apple in full by September 2018. The total amount recovered was circa €14.3 billion (which is the principal and relevant EU interest). These sums are held in an Escrow Fund with the proceeds to be released only when there has been a final determination of the case by the European Courts. All income,...

Decision of the General Court of the European Union in the Apple Case: Statements (24 Jul 2020)

Paschal Donohoe: ...this House and elsewhere wanted. The decision of the previous Government to appeal the Commission decision was based on our strong conviction that Ireland did not give favourable tax treatment to Apple and that no state aid was provided, with the full amount of tax paid by the Irish branches of the relevant Apple companies. Ireland does not do special deals with individual taxpayers and...

Written Answers — Department of Finance: EU Investigations (21 Jul 2020)

Paschal Donohoe: As the Deputy is aware, the General Court of the European Union (GCEU) annulled the European Commission's State Aid Decision of 30 August 2016 in relation to Apple. The GCEU concluded that the Commission in their Decision had failed to demonstrate that by issuing the opinions in 1991 and 2007 that the Irish authorities had granted the two Apple companies ASI and AOE a selective advantage....

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Apple Escrow Account (16 Jul 2020)

Paschal Donohoe: The Deputy will be aware that the General Court of the European Union annulled the European Commission's state aid decision of 30 August 2016 with respect to Apple. The court concluded that the Commission in its decision had failed to demonstrate that by issuing the opinions in 1991 and 2007, the Irish authorities had granted the two Apple companies, ASI and AOE, a selective advantage. The...

Written Answers — Department of Finance: Legal Costs (16 Jul 2020)

Paschal Donohoe: The Deputy will be aware that the General Court of the European Union has annulled the European Commission's State Aid Decision of 30 August 2016 with respect to Apple. Ireland has always been clear that, based on Irish law, the correct amount of Irish tax was charged to the company and that Ireland did not provide State aid to Apple. This was the reason that Ireland appealed the...

Written Answers — Department of Finance: Departmental Legal Costs (16 Jun 2020)

Paschal Donohoe: As the Deputy is aware, the European Commission decided in August 2016 that Ireland had granted State aid to two Apple companies, ASI and AOE. The then Government decided to appeal the Commission’s decision to the European Courts in November 2016. The European Commission’s decision also required that the State recover the alleged State aid. The €8.4m in external costs...

Written Answers — Department of Finance: Apple Escrow Account (9 Jun 2020)

Paschal Donohoe: As the Deputy is aware, the alleged State aid from Apple has been recovered by the State. The total amount recovered was €14.285 billion which constitutes the principal amount as well as the relevant EU interest. These sums have been placed into an Escrow Fund with the proceeds being released only when there has been a final determination in the European Courts over the validity of the...

Written Answers — Department of Finance: Corporation Tax (5 Dec 2019)

Paschal Donohoe: The total amount recovered from Apple in respect of alleged state aid and placed in an Escrow Fund was €14,285 billion which is the principal and relevant EU interest. Annual accounts for the Escrow Fund are compiled and audited by the Office of the Comptroller and Auditor General. The latest publicly available set of accounts are for 2018 and show that as at 31 December 2018, the...

Written Answers — Department of Finance: Corporation Tax (20 Nov 2019)

Paschal Donohoe: Notwithstanding the appeal in the Apple State aid case and the difference in view between Ireland and the Commission on the issue, the Government has always stated that it is fully committed to complying with the binding legal obligations the Commission’s Final Decision places on Ireland. As the Deputy will know, the State has now recovered the alleged State aid from Apple. The total...

Ceisteanna Eile - Other Questions: Budget 2020 (13 Nov 2019)

Paschal Donohoe: It would probably be premature to say investors or large companies might invest elsewhere as a result of the Apple ruling, particularly as regards companies that are already here. However, the loss of the Apple case would pose exceptionally important challenges for our corporate tax policy, requiring deeply serious consideration. I am very conscious of the magnitude of €14 billion...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: State Aid Investigations (13 Nov 2019)

Paschal Donohoe: ...the aggregate cost we are paying to individual senior counsel. I accept that €7 million is a significant amount and that I should be held to account by the Oireachtas on how it is spent. The Apple case has been raised with me by other finance ministers. They have raised it with me and want to know its status.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: State Aid Investigations (13 Nov 2019)

Paschal Donohoe: Ireland has never accepted the Commission's analysis in the Apple state aid decision and is challenging the Commission's decision before the European courts. An application to annul the Commission decision was lodged with the General Court of the European Union. The case was granted priority status and the confidential written proceedings have taken place in private over the last number of...

Written Answers — Department of Finance: Legal Costs (13 Nov 2019)

Paschal Donohoe: Ireland has never accepted the Commission’s analysis in the Apple State aid Decision and is challenging the Commission's decision before the European Courts. An application to annul the Commission Decision was lodged with the General Court of the European Union. The case was granted priority status and the confidential written proceedings have taken place in private over the last...

Written Answers — Department of Finance: Apple Escrow Account (7 Nov 2019)

Paschal Donohoe: As the Deputy will be aware, the State has recovered the alleged State aid from Apple. The total amount recovered is c €14.3 billion (which is the principal amount and relevant EU interest). The final payment was made in early September 2018. These sums have been placed into an Escrow Fund with the proceeds being released only when there has been a final determination in the European...

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