Written answers

Thursday, 26 November 2015

Department of Finance

State Aid Investigations

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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71. To ask the Minister for Finance the status of the European Commission’s investigation into the tax affairs of a company (details supplied) in Ireland; the number of specific requests for information his Department has received; and if he will make a statement on the matter. [42255/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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In 2013, the Competition Directorate of the European Commission announced their intention to open formal state aid investigations into tax rulings provided to a number of companies in various Member States of the European Union. 

This announcement is part of a much wider review of tax ruling practice that is currently being undertaken by the European Commission and in 2014 the Commission announced that it was broadening its enquiries to include all Member States.  

Last month, the Commission announced their view that the tax rulings given by two other Member States constitute an illegal State Aid. 

I would like to emphasise that the Commission has opened a formal investigation in relation to one particular case involving Ireland but has not made a final determination in the matter.

Ireland has provided a detailed and comprehensive response to the Commission investigation demonstrating that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no state aid.  We remain committed to fighting this case in the European Courts if necessary.

There is no timeline for a final decision in respect of the Irish case, but it is not expected before the end of 2015. 

As the Commission has acknowledged, Ireland has co-operated fully with the process to date and we will continue to do so.  Given the confidential nature of the ongoing procedure, I am not able to make a more detailed comment on the matter at this time.

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