Offshore tax avoidance and Apple
Deputy Boyd Barrett argued the Paradise Papers exposed elite tax avoidance, accusing Apple and others of stashing money offshore and costing the State revenue needed for housing and public services. The Tánaiste replied that Ireland had already acted on stateless and double Irish structures, was implementing OECD and EU reforms, and was working on the Apple escrow issue and wider international tax changes despite repeated interruptions from other Members.
The Paradise Papers, so-called, or what I think should more accurately be described as the parasite papers, reveal a nexus of elite, super-wealthy individuals, banks and corporations, such as Apple, stashing away countless billions of euro in offshore bank accounts, in places like Jersey in the Channel Islands, in order to hide those billions from the taxman here in this country, and robbing the people of this country of valuable revenues that we need to deal with the housing emergency, the shambles in our public health service, the gross inequalities in income, the poverty and the massive deficits in our infrastructure - all the many urgent and desperate needs. Billions upon billions being stashed away has been revealed in these papers.
I want to ask why it is that the Taoiseach, Deputy Leo Varadkar, when he was Minister for Social Protection, using public money, ran a nasty, unfounded campaign about welfare cheats. Where is the campaign about the super-wealthy corporate tax dodgers who are genuinely robbing us all of the hundreds of millions and billions we need for housing, health and other urgent social problems? Where is the campaign? Where is the outrage? Where is the opprobrium? Does the Tánaiste not agree that the Government and Deputy Michael Noonan have very serious questions to answer about tax changes that were made in 2014 and revealed in the Paradise Papers, that coincided with Apple restructuring its tax arrangements when the double Irish tax scam that cost us €13 billion in tax revenue was rumbled because of international and public outrage? Coincidentally, Deputy Michael Noonan changes the tax regime to benefit Apple and other corporations at the same time that they relocate some of their subsidiary companies to the Channel Islands and, as a result, we lose up to €800 million in tax revenue from Apple alone, never mind the other companies that almost certainly took advantage of this change.
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It is absolutely true.
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Is it a coincidence that Deputy Enda Kenny met the CEO of Apple in January of 2014 at the same time that outrage was being expressed and pressure was coming on the issue of the double Irish? Then, lo and behold, in the budget of October a new loophole was opened up in the tax code to benefit Apple and other corporations like it.
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It is too much of coincidence. Where is the investigation? Where is the outrage? Where is the campaign against these super-wealthy tax dodgers who are robbing the people of this country and the world of these tax revenues?
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The ICIJ leaks make a number of points about changes in the Irish tax system. It rightly points out that Ireland has already acted to address definitively the issues around stateless and double Irish companies. In the Finance Bill this week - the finance committee is meeting as we speak - the Minister for Finance will be discussing the changes he has already brought forward to our regime for capital allowances. Ireland has played a full part in implementing international tax reforms and we are currently holding a consultation process about how we implement the remaining reforms. Issues of concern will be investigated, as appropriate. The issue of aggressive tax planning by multinational companies is a global problem, as the Minister for Finance has said again and again, and it does require a global solution.
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Ireland continues to take a very active part in that global work to reform the international corporate tax system. The publication, for example, of the OECD base erosion and profit shifting, BEPS, report in October 2015 was a significant milestone in this work. From the beginning a key aim of the BEPS project has been to better align the right to tax with real economic substance. That is important in regard to the many international companies we have here, which have real substance in terms of their commitment to this country, the number of their employees and the contribution they make to the Irish economy. This is real; this has substance. We want to make sure the key outcomes of the BEPS project align with our tax strategy. We have fully committed to that process, which is very important, and we are playing our full part in its implementation. The Minister for Finance and the Taoiseach have made that very clear again and again.
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Ireland has already begun that process by introducing country-by-country reporting and the OECD-compliant knowledge development box. Ireland is playing a strong role in ensuring that this issue is dealt with at an international level.
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Not a word from the Taoiseach when he met Mr. Tim Cook recently in the United States about the aggressive tax avoidance of Apple.
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We are probably going to be investigated by the EU for a second time. This will be on top of the investigation into the €13 billion tax dodged by Apple in the double Irish scam. Commissioner Vestager is discussing investigating-----
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-----what happened, what Deputy Noonan did in 2014 to change the tax code and the restructuring of Apple's tax arrangements as regards the Isle of Man. The Government will not even take the €13 billion from Apple and put it into an escrow account as it has been ordered to do by the EU. The EU is taking infringement proceedings over our failure to ratify the anti-money laundering directive, which we were supposed to have ratified in June and which relates to tax evasion and-----
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-----the beneficial ownership of deposits. The figures are stunning. After this tax break was introduced by Deputy Noonan, benefitting Apple and other corporations, tax breaks on intangible assets increased from €2.6 billion to €28 billion in one year.
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That is hundreds of millions, if not billions, of euro in tax revenue lost as a direct result of what Deputy Noonan did in 2014.
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Where is the outrage? Where is the investigation? Where is the campaign on buses-----
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-----paid for with public money asking people whether they want to deal with these tax dodgers who are cheating us all?
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There are actors on both sides of the House.
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-----as I have made clear. Indeed, we are one of the leaders internationally. It needs to be addressed internationally.
Regarding Deputy Boyd Barrett's point on the escrow account, the Minister has made it clear that the Department of Finance is working on this matter. It is one of the most complex international transactions that the Department has ever had to deal with, but the Department is working to ensure that the money is put into the account.
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As long as Apple agrees.
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At international level, the focus is on examining whether new rules are needed to reflect the increasing digitalisation of global business. This issue needs to be examined internationally. The agreement on the anti-tax avoidance directive by all EU member states was another significant step towards the implementation of the BEPS reports to which I referred. Ireland will implement the directive in line with the deadlines agreed therein.