Pearse Doherty (Donegal, Sinn Fein)
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83. To ask the Minister for Finance if he has had contact with the American Inland Revenue Service with regard to the recent state-aid judgment against a company (details supplied). [4314/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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Notwithstanding the appeal that the Government has lodged in the Apple State Aid case, Ireland is required to comply with the binding articles of the Commission’s Final Decision and to recover the alleged aid from Apple. Irish officials are continuing this work to ensure that the State complies with all our recovery obligations as soon as possible. 

The Commission has said publicly that the recovery amount may be reduced if other countries were to require Apple to pay more taxes. The Commission’s Decision does not change the taxing rights in other countries and what the Commission is referring to here forms part of the regular private tax process for any global company, whereby they are responsible for managing their global tax affairs in the various jurisdictions in which they are located.

It is therefore a matter between the company in question and the tax authorities in the various locations where they do business as to whether there are any taxation issues to be addressed and I am not in a position to comment on that engagement due to the necessity to respect taxpayer confidentiality.

Mick Wallace (Wexford, Independent)
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84. To ask the Minister for Finance the status of his dealings with the European Commission Director General for Competition regarding the state-aid complaint concerning NAMA and its involvement in the private sector; when he expects a decision will issue from the EU regarding same; if NAMA and his Department are working together on this issue; his views on whether comments by An Taoiseach in January 2018 regarding NAMA and state aid may force his Department and NAMA to reconsider their position regarding the complaint; and if he will make a statement on the matter. [4232/18]

Mick Wallace (Wexford, Independent)
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94. To ask the Minister for Finance his views on a statement (details supplied) by An Taoiseach on NAMA; his policy on NAMA and its role in the private sector; and if he will make a statement on the matter. [4233/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 84 and 94 together.

In late 2015, a complaint was submitted to the Competition Directorate of the European Commission (DG Comp) by a small number of property developers - including some former NAMA debtors - alleging that there may be State aid implications to NAMA's providing financing for the development of commercially viable residential projects by some of NAMA's debtors and receivers.

My officials, along with NAMA, have had extensive engagements with the European Commission in relation to the complaint over the course of the last two years, often in response to specific information requests from the DG Comp Case Team resulting from allegations made by the complainants.

As the primary relationship with the Commission is held by the State, all responses and correspondence with DG Comp is conducted through the Department of Finance with the assistance of NAMA. NAMA and my Department have co-operated fully with the European Commission throughout their preliminary investigations and have addressed all queries and provided all information requested by DG Comp to date.

I am pleased to inform you that on Thursday 25 January 2018 DG Comp issued its decision in relation to this complaint and found that NAMA did not breach EU rules. This decision allows NAMA to continue to work on maximising the number of housing units that are delivered from sites owned by its debtors and receivers. This strategy has already delivered the construction of an estimated 7,200 homes since 2014 and will enable NAMA to deliver its forecast surplus of €3bn which will accrue to the State over the coming years.

The referred statement of An Taoiseach correctly draws attention to the risk of infringing State aid rules if NAMA were to expand its remit beyond the management of the loan portfolio that was acquired in 2010/2011. The statement is fully in accordance with the decision of DG Comp and does not impact upon NAMA’s current operations regarding residential development which in line with its objective to obtain the best possible financial return for the State from its existing assets.