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National Surplus (Reserve Fund for Exceptional Contingencies) Bill 2018: Second Stage (Resumed) (30 Jan 2019)

Michael D'Arcy: ...try to answer some more of the questions as best I can. The State money available from what was formerly the NTMA amounts to approximately €8.5 billion. The money in the escrow account from Apple amounts to approximately €14 billion, including interest. That is to be decided by the European Court of Justice at some stage in the future. I live on a farm, down a lane in...

Fossil Fuel Divestment Bill 2016: Report and Final Stages (12 Jul 2018)

Michael D'Arcy: ...and doubt and saying the craziest things about renewable energies that are clean and tested and have been for decades. It has to stop or we will never meet these targets. Events like what happened with the Apple data centre in Athenry cannot continue. People who object to a project because it is close to them are wrong in so doing.

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 not ask the gentlemen to comment on the Apple case. My question is to Mr. Keegan. I believe it was Leona Helmsley who said that only the little people pay taxes. Is this a case of the little companies pay tax and the larger companies can get away without paying tax because they can employ tax lawyers that are good enough to help them do that?

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: ...staff directly employed, in addition to the approximately 100,000 attached to those jobs, would the US companies stay or, to use the expression, would the horses be scared away from the prospect of Apple having to pay the €13 billion? I am talking in the general rather than about the Apple case.

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 Mr. Redmond's organisation concerned about the retrospective nature attached to the Apple case?

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: ...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 that would take the bulk of the profits?

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 Rules - Investigation into Preferential Tax Rulings: Minister for Finance and Office of the Revenue Commissioners (2 Feb 2017)

Michael D'Arcy: ...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 argument in the European Court of Justice, ECJ, is it possible...

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?

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 D'Arcy: I welcome the Commissioner. In a CNBC interview, she stated:We never questioned how Apple is organized. We do not question Irish tax code, that is for the Irish. Subsequently, on 30 August, Mr. Tim Cook of Apple wrote that, over the years, Apple "received guidance from Irish tax authorities on how to comply correctly with Irish tax law — the same kind of guidance available to any...

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 D'Arcy: Okay. If Apple, in good faith, took the opinion of the Revenue Commissioners to be correct, and subsequently the Commission retrospectively applied the state aid rules, could Apple take a case against the Irish Government for those moneys, including tax unpaid, and potentially another case for reputational damage to the Apple brand?

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 D'Arcy: In his statement of last August, Mr. Cook noted that Apple took the guidance available from the Revenue Commissioners here and I can only assume the guidance was given in good faith. In those circumstances, Apple could take a case. I am asking the Commissioner if it is possible or even likely that Apple could take a case against the Irish State for the advice given by the Revenue...

Government Appeal of European Commission Decision on State Aid to Apple: Motion (7 Sep 2016)

Michael D'Arcy: ...off shore of the United States. We are absolutely not going to become - nor should we - some version of a collector general for Europe for taxation. Tim Cook, in his interview with RTE, said that Apple has made provisions to repatriate those funds. There are billions on deposit to pay their tax when they enter the US. Speaker Paul Ryan, former vice presidential candidate for the...

Seanad: SME Envoy Networks: Statements (3 Apr 2014)

Michael D'Arcy: ...and rates are a tax. The last calculation I saw was that the rate collection via the local authorities was in the region of €1 billion. I do not have the staff to analyse the really large businesses, such as Apple, Google, Intel, Tesco and Dunnes Stores, and how much is paid by such businesses. However, those very large employers have the capacity to pay more but, through their...

Seanad: Budget 2014: Statements (15 Oct 2013)

Michael D'Arcy: ...of the stateless companies and that something will be done in that regard. We cannot do it on our own but it must be done on a global basis. It is important to put on the record of the Seanad that the US Securities and Exchange Commission has closed its review of Apple's tax filing for 2012 and it has found nothing improper about Apple's disclosures and policies. It has adhered to US...

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