Dáil Éireann Debate, Wednesday - 17 June 2015
89. Deputy Paul Murphy asked the Minister for Finance in view of the support of the European Commission for the publication of tax rulings, his plans to publish, while taking measures to protect the appropriate privacy of persons and corporations, the details of tax opinions; and if he will make a statement on the matter. [24162/15]
View answerUnder Irish tax law, taxpayer information is confidential and the Revenue Commissioners are prohibited from publishing taxpayer information or providing such information to third parties. Other EU Member States have a similar confidentiality rule in relation to taxpayer information, so that taxpayers can be assured of strict confidence and trust in providing full information in their dealings with the tax authorities. This assurance of confidentiality is subject to requirements to exchange information between tax authorities under bilateral and multilateral treaties and EU law.
Because of the statutory requirement in relation to confidentiality of taxpayer information, details of tax opinions issued to taxpayers are not published by Revenue. As Revenue opinions merely seek to apply the tax law to the particular facts and circumstances of a taxpayer, they are specific to the particular case and do not have general application. However, where Revenue considers that the issue on which an opinion is given is likely to be of more general interest to taxpayers, it will publish a tax briefing or guidance note on the matter to ensure that taxpayers are fully informed of their entitlements and obligations under the tax system.
In March this year, the European Commission adopted a proposal to amend Council Directive 2011/16/EU on administrative cooperation in the field of taxation to provide for mandatory automatic exchange of information between Member States in relation to advance cross-border tax rulings and advance pricing arrangements (APAs). Although they are not referred to as rulings and are non-binding, Revenue opinions on the application of tax law to particular transactions or activities would come within the scope of the Directive if adopted by the Council.
Ireland has welcomed the Commission proposal and officials of my Department and Revenue are participating in the discussions on this proposal that are currently taking place in the Council Working Group. While the proposed Directive will require the tax authorities of Member States to share information on cross-border tax rulings and APAs, it does not provide for the publication of these and any information exchanged under the Directive will be protected by the confidentiality laws in the EU Member States that apply to taxpayer information.
