Govt agrees to appeal €13bn Apple ruling

The Independent Alliance has reached agreement with its partners in Government to appeal the European Commission’s decision that Ireland provided unlawful State aid to Apple, Deputy Government Chief Whip Kevin ‘Boxer’ Moran has confirmed.

Deputy Moran also announced that the Government would seek Dail support for the move with a motion to be put before the Dail early next week.

“We have been carefully examining the entirety of Apple’s tax treatment to ensure that any decision reached is in the best interests of this country over the long-term,” said Deputy Moran.

“The integrity of the tax system and to provide tax certainty to business is also paramount,” added Deputy Moran.

“The Independent Alliance has been working with Fine Gael, our partners in Government, to deliver a decision that takes into account all of our concerns. I feel that the motion being put before the Dail will succeed in addressing our key concerns.”

“I am also pleased to say that the Government has agreed to a review of Ireland’s corporation tax system by an independent expert to be appointed by the Minister for Finance,” said Deputy Moran.

“The agreement reflects the Independent Alliance’s approach of greater scrutiny of major decisions and the need to place accountability and transparency at the heart of government decision-making,” said Deputy Moran.

The text of the Government approach is as follows:

1. Arrange for annulment proceedings to be brought before the General Court of the European Union (GCEU) on State aid SA. 38373 (2014/C)(ex 2014/NN) (ex 2014/CP) implemented by Ireland to Apple;

2. Request the Attorney General to prepare the legal grounds in support of those proceedings and to take all other steps incidental to the conduct of those proceedings;

3. Propose the following motion before Dail Eireann:

“That Dail Eireann:

(i) Supports the Government decision to appeal the European Commission’s decision that Ireland provided unlawful State aid to Apple.

(ii) Commits itself to the highest international standards in transparency in the taxation of the corporate sector;

(iii) Resolves that, no company or individual receives preferential tax treatment contrary to the Tax Acts and calls on the Revenue Commissioners to continue to observe this principle;” and

4. To reaffirm Ireland’s 12 and half per cent corporation tax rate

5. To arrange for a review of Ireland’s corporation tax system by an independent expert to be appointed by the Minister for Finance, excluding the 12 and half per cent corporation rate.