Ruth Coppinger (Dublin West, Solidarity)
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99. To ask the Minister for Finance the estimated amount soon to be lodged by a company (details supplied) into an escrow account as a result of the European Commission investigation into the company's tax affairs here, including the amount due in interest. [36827/17]

Michael McGrath (Cork South Central, Fianna Fail)
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236. To ask the Minister for Finance further to the escrow fund set up for the European Commission’s decision regarding a company (details supplied), if the fund earns a return over time from interest and or capital gain, whether the company or the State entity will receive that return; if, in the event of the State receiving a return, it will be deemed to be a financial transaction; and if he will make a statement on the matter. [39016/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 99 and 236 together.

Notwithstanding the appeal in the Apple State Aid case and the difference in view between Ireland and the Commission on the issue, the Government is committed to complying with the binding legal obligations the Commission’s Final Decision places on Ireland. 

Apple therefore must be deprived of the benefit of the alleged aid and 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 Commission have estimated that this will amount to €13bn but the precise sum is to be calculated using the methodology set out in the Decision, which is then subject to interest as set out in EU Regulations on the recovery of State Aid. 

These sums will be 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 Commission’s Decision. 

Given the scale and bespoke nature of such a fund, the precise terms are still being negotiated and are subject to confidential and commercially sensitive deliberations.