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Irish Independent

an hour ago

• Irish Independent

Irish staff data ruling ‘may open door' to more US tax probes, experts warn

Last month, an American judge told Dublin-headquartered Eaton, a power systems multinational, to ignore GDPR rules and hand over controversial employee-performance evaluations to the IRS following a long-running legal dispute. The IRS hopes to use the evaluations to judge how much work Irish-based staff were doing on some of its intellectual property (IP), potentially showing whether Eaton was being taxed correctly or not. Reacting to the judgment, Brendan Murphy, tax lead and partner at Baker Tilly Ireland, said some multinationals will worry that the ruling could 'open the door' for more IRS investigations into the work of Irish staff. 'Where does it stop then if the US takes that aggressive route? When does the EU step in to try and support companies by saying that we don't agree with this aggressive approach by the US, that these companies do have their transfer pricing work done and these profits do deserve to remain in that country. 'You could end up in a tax authority versus tax authority argument.' Murphy warned that US tax authorities could focus on companies that moved IP to Ireland between 2014 and 2020. He added the judgment appeared to weaken the protections provided by GDPR. 'I'm surprised that the US court was allowed to be so flippant in overruling it [GDPR] and say that they hold authority, as such. It'll be interesting to see if the EU courts have something else to hit back with on it.' With the judgment now calling on Eaton to hand over the employee- performance files, Murphy is hopeful they will bolster the argument that its Irish staff were properly supporting the IP functions and that no transfer pricing adjustment would be required. However, if the US courts find otherwise, it could lead to more US 'attacks' on transfer pricing studies. In that case, Murphy said it would be important for Ireland to defend itself. Jo Joyce, a partner at Taylor Wessing Ireland and lead on technology, IP and information, said the US judgment could create an expectation that the IRS's demands outweigh 'legitimate EU privacy concerns'. 'This case is quite specific on its facts but could be used as a wedge to open the door for broader claims and requests, giving less weight to GDPR than has historically been the case,' she said. 'US courts are aware of the controversy around sharing data with the US and have not historically been keen to disregard European privacy law in such a frustrated way as this judge seems to have done. 'There is a risk of a precedent being set and this being the first chink in the armour that leads to further and broader requests.' The case stems from an IRS audit of Eaton's 2017-2019 tax returns, which focused on whether the company improperly shifted IP to Ireland, where corporate tax rates are lower.

The Journal

3 hours ago

• The Journal

Tánaiste confirms US threat to Lebanon peacekeepers and will liaise with EU states to save mission

AS THE US considers vetoing a renewal vote for the Lebanon peacekeeping mission, the Government has confirmed it is liaising with European countries to save the operation. As revealed on Thursday by The Journal there are just ten weeks ahead of a crucial vote in the United Nations Security Council (UNSC) – it appears that the US is considering ending its support for the United Nations Interim Force in Lebanon (UNIFIL). We discovered that US real estate mogul Tom Barrack, a close confidante of Donald Trump, was in Lebanon as fears are mounting that the US will pull the plug on funding for UNIFIL. Multiple sources, both here and in Europe, believe that this would have one of two possible outcomes – either a reduction in budget and troop numbers or a complete shutdown of the mission. One other possibility, according to a source, is that the Lebanese Government could invite certain countries to stay on should the mission end. The UNIFIL mandate ends on 31 August – this news website discovered that French diplomats were set to lead negotiations on trying to save the mission. Tonight that has been confirmed officially by a statement from the Tánaiste Simon Harris' office. The Minister for Defence and Foreign Affairs said he is beginning to liaise with EU counterparts to try and find a solution. 'The Tanaiste Simon Harris has tonight began to reach out to other European countries to ensure the renewal of the UNIFIL mandate in Southern Lebanon. 'He will travel to Brussels tomorrow where a high level meeting of Foreign Affairs Ministers is scheduled , amid deepening concerns in EU capitals. Advertisement 'It comes amid the escalation of violence between Israel and Iran with Simon Harris due to travel to Brussels on Monday to discussing the war with other European counterparts,' he said. UNIFIL began in 1978 to maintain peace and security on the border between Lebanon and Israel after a period of increased tension between the two countries. More than 300 Irish troops are part of a massive international presence of 10,500 troops from 50 countries to monitor both sides of the border. They patrol a fragile demarcation zone in South Lebanon along what is known as the Blue Line. Simon Harris visiting Irish troops in March. Alamy Stock Photo Alamy Stock Photo The statement added that he has received a briefing today from the Irish Defence Forces as tensions mount across the Middle East region. 'He will continue to discuss options in relation to the future of the mission with Chief of Staff of the Defence Forces, Lieutenant General Rossa Mulcahy. 'The Tanaiste will impress on his foreign counterparts on the absolute need for the mission to continue, in order to ensure stability and peace in the Region. 'Ireland has an unbroken record with UNIFIL for many decades and has over 340 troops deployed at Camp Shamrock. 'The French are due to lead the negotiations to extend the mandate with a decision expected to be made in August,' the statement added. Separately, the Tanaiste and has been briefed by the Chief of Staff on a number of incidents that took place in Southern Lebanon in recent days . All Irish Troops are accounted for and well. It is understood shelling in south Lebanon caused soldiers to take to bunkers, known as groundhog, in the last 24 hours. There was a dramatic interception in the sky above the Irish camp in recent days as Israel knocked down a suspicious drone. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal

Irish Daily Mirror

5 hours ago

• Irish Daily Mirror

Kneecap Glastonbury slot 'not appropriate', says British PM Keir Starmer

British Prime Minister Keir Starmer has said he does not think Kneecap's planned Glastonbury Festival performance is "appropriate". He made the comments after Kneecap member Liam Og O hAnnaidh appeared in court on Wednesday, after being charged for allegedly displaying a flag in support of proscribed terrorist organisation Hezbollah while saying "up Hamas, up Hezbollah" at a gig in November last year. In an interview with The Sun, Mr Starmer was asked if he thought the trio should perform at Glastonbury, to which he replied: "No, I don't, and I think we need to come down really clearly on this. "This is about the threats that shouldn't be made, I won't say too much because there's a court case on, but I don't think that's appropriate." It comes after Conservative Party leader Kemi Badenoch said she thought the BBC "should not be showing" Kneecap's performance at the festival next week. Mrs Badenoch said in the X post, which was accompanied by an article from The Times that claimed the BBC had not banned the group: "The BBC should not be showing Kneecap propaganda. "One Kneecap band member is currently on bail, charged under the Terrorism Act. As a publicly funded platform, the BBC should not be rewarding extremism." The Tory Leader of the Opposition has previously called for the group to be banned from Glastonbury, and last year Kneecap won a discrimination case against the UK Government in Belfast High Court after she tried to refuse them a £14,250 funding award when she was a minister. Kneecap took aim at Mrs Badenoch in their latest single, The Recap, released just before their headline set at London's Wide Awake festival in May, with the song mocking the politician's attempts to block their arts funding and the Conservative Party's election loss. On Wednesday, O hAnnaidh, who performs under the stage name Mo Chara, was cheered by hundreds of supporters as he arrived with bandmates Naoise O Caireallain and JJ O Dochartaigh at Westminster Magistrates' Court in "Free Mo Chara" T-shirts. During the proceedings, a prosecutor told the court the 27-year-old is "well within his rights" to voice his opinions on Israel and Palestine, but the alleged incident at the O2 Forum in Kentish Town, north London, is a "wholly different thing". O hAnnaidh was released on unconditional bail until his next hearing at the same court on August 20. Following the hearing, the rapper said: "For anybody going to Glastonbury, you can see us there at 4pm on the Saturday. "If you can't be there we'll be on the BBC, if anybody watches the BBC. We'll be at Wembley in September. "But most importantly: free, free Palestine." The charge came following a counter-terrorism police investigation after the historical gig footage came to light, which also allegedly shows the group calling for the deaths of MPs. In April, Kneecap apologised to the families of murdered MPs but said footage of the incident had been "exploited and weaponised". In an initial post in response to the charge, Kneecap said: "14,000 babies are about to die of starvation in Gaza, with food sent by the world sitting on the other side of a wall, and once again the British establishment is focused on us. "We deny this 'offence' and will vehemently defend ourselves, this is political policing, this is a carnival of distraction. "We are not the story, genocide is, as they profit from genocide, they use an 'anti-terror law' against us for displaying a flag thrown on stage. A charge not serious enough to even warrant their crown court, instead a court that doesn't have a jury. What's the objective? "To restrict our ability to travel. To prevent us speaking to young people across the world. To silence voices of compassion. To prosecute artists who dare speak out. "Instead of defending innocent people, or the principles of international law they claim to uphold, the powerful in Britain have abetted slaughter and famine in Gaza, just as they did in Ireland for centuries. Then, like now, they claim justification. "The IDF units they arm and fly spy plane missions for are the real terrorists, the whole world can see it." Formed in 2017, the group are known for their provocative lyrics in both Irish and English and their merchandise. Their best-known tracks include Get Your Brits Out, Better Way To Live, featuring Grian Chatten from Fontaines DC, and 3Cag. A BBC spokesperson said: "As the broadcast partner, the BBC will be bringing audiences extensive music coverage from Glastonbury, with artists booked by the festival organisers. "Whilst the BBC doesn't ban artists, our plans will ensure that our programming will meet our editorial guidelines. Decisions about our output will be made in the lead-up to the festival."