Written answers
Tuesday, 17 January 2017
Department of Finance
State Aid Investigations
Tommy Broughan (Dublin Bay North, Independent)
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75. To ask the Minister for Finance when the escrow account to collect corporate taxes which the EU Commission ruled are due to the Exchequer from a company (details supplied) is being established; the likely amount of funds which the company will be required to pay into the account; and if he will make a statement on the matter. [1492/17]
Pearse Doherty (Donegal, Sinn Fein)
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272. To ask the Minister for Finance when the transfer of money from a company (details supplied), as per the EU state aid ruling, to an escrow account will take place; and if he will make a statement on the matter. [1178/17]
Pearse Doherty (Donegal, Sinn Fein)
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273. To ask the Minister for Finance the way in which the amount to be transferred from a company (details supplied) to an escrow account, as per the EU state aid ruling, will be calculated; and if he will make a statement on the matter. [1179/17]
Pearse Doherty (Donegal, Sinn Fein)
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274. To ask the Minister for Finance the amount to be transferred from a company (details supplied) to an escrow account, as per the EU state aid ruling; and if he will make a statement on the matter. [1180/17]
Pearse Doherty (Donegal, Sinn Fein)
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334. To ask the Minister for Finance the total amount of interest that will be applied by the State in relation to the European Commission's state aid penalty judgment against a company (details supplied); and if he will make a statement on the matter. [1931/17]
Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 75, 272 to 274, inclusive, and 334 together.
Notwithstanding our appeal in the Apple State Aid case, Ireland is obliged to comply with the binding Articles of the Final Decision. This requires that Ireland ensures that Apple is deprived of the benefit of the alleged aid.
This involves two actions:
1. The calculation of the amount of aid
2. The process by which Apple are denied this amount of money
The amount is to be calculated using the methodology set out in the Decision, which is then subject to interest as set out in the EU Directive on the recovery of State Aid. This document is available at the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007XC1115%2801%29&from=EN
On process, I have already said that consideration is being given to placing these sums into an escrow fund. The terms of such an escrow fund are subject to confidential and commercially sensitive deliberations and will not be made public at this time.
Work has been ongoing to ensure that the State complies with all our obligations as soon as possible and the Commission have confirmed that they are satisfied with Ireland's progress on this issue to date.
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