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Wednesday, 23rd August 2017
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Irish Government says the EU is inappropriately interfering in an issue of Irish sovereignty in announcing its plan to fight the EU ruling on Apple taxes in the European Courts    
August 30th 2016: The Irish Government has thrown down the gauntlet in announcing its 'profound disagreement' with the EU ruling that Ireland should seek €13 billion in back taxes from Apple, issued today. It argues that the EU case in incoherent, is in contravention with recent international statements, including from the US Treasury, and furthermore makes no recognition of the nature of the Irish tax system. Referring to Ireland's Common Law legal approach to taxation, "Ireland does not do deals with taxpayers", the Government statement says.
The Minister for Finance has posted an announcement expressing the Irish Government's 'profound disagreement' with the ruling, and signalling its intention to fight the ruling intention to fight the ruling in the European Courts.

"It is not appropriate that EU State aid competition rules are being used in this new and unprecedented way in the area of taxation, which is a Member State competence and a fundamental matter of sovereignty.

Apple issued the following analysis of the position, underlining the point that the alllegation by the EU Commission that a tax deal was done with Apple is false, and has no basis in fact.

Speaking today (30/08/2016), after the EU Commission announced its decision in its State aid investigation into the tax treatment of certain Irish branches of Apple companies, Niall Cody, Chairman of the Revenue Commissioners, said that Revenue “have provided all relevant information and explanations to the Commission. These demonstrate that Revenue collected the full amount of tax due from Apple in accordance with Irish tax law".

The issue of international tax planning, involving mismatches between different countries’ tax rules, is well known and is the subject of the OECD BEPS Project”, said the Revenue Commissioners' chairman in his statement. .

The Chairman of the Revenue Commissioners went on to explain that “under Irish tax law, non-resident companies are chargeable to Irish corporation tax only on the profits attributable to their Irish branches by reference to the facts and circumstances. The profits of non-resident companies that are not generated by their Irish branches – such as profits from technology, design and marketing that are generated outside Ireland – cannot be charged with Irish tax under Irish tax law.”

Mr. Cody pointed out that Apple has confirmed on the public record that the relevant companies were not tax-resident in Ireland, and went on to say “While I cannot otherwise comment on the specific facts of this case, I can confirm that –

- there was no departure from the applicable Irish tax law by Revenue;
- there was no preference shown in applying that law; and
- the full tax due was paid in accordance with the law.”

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