SHORT CONSIDERATIONS REGARDING THE NECESSITY OF ADOPTING THE COUNCIL DIRECTIVE (EU) 2016/1164 LAYING DOWN RULES AGAINST TAX AVOIDANCE PRACTICES THAT DIRECTLY AFFECT THE FUNCTIONING OF THE INTERNAL MARKET
SHORT CONSIDERATIONS REGARDING THE NECESSITY OF ADOPTING THE COUNCIL DIRECTIVE (EU) 2016/1164 LAYING DOWN RULES AGAINST TAX AVOIDANCE PRACTICES THAT DIRECTLY AFFECT THE FUNCTIONING OF THE INTERNAL MARKET

Summary/Abstract: The autonomy of the European Union member states in the fiscal field must observe the provisions of the article 110 TFUE, which provide the equality of treatment between the national goods and those from the others member states. With the declared aim to protect the environment, the Romanian state has adopted a series of regulations declared, one by one, incompatibles with the European law because, in an indirect manner, they were protecting the national production of vehicles and creating discriminations between the The guarantee that the taxes are paid where the profits is generated and the restauration of fiscal equity represent, at the moment, political priorities at the international level. Base erosion and profit shifting (BEPS) represent a concern for the Organization for Economic Cooperation and Development (OECD) has developed a plan of 15 actions, entitled Action Plan on Base Erosion and Profit Shifting. These actions include: neutralize the effects of hybrid mismatch arrangements, strengthen controlled foreign company rules; limit base erosion via interest deductions and other financial payments; counter harmful tax practices more effectively, taking into account transparency and substance. The Council Directive (EU)2016/1164 laying down rules against tax avoidance practices that directly affect the functioning of the internal market has been adopted to implement these actions in order to improve the functioning of the internal market.

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