The Deutsche Bahn doctrine holds that EU actions, as opposed to Member State actions, are immune from state-aid scrutiny. This interpretation has a textualist grounding: Because the EU Treaty bans only “aid granted by a Member State,” it does not constrain aid granted by the EU itself. This...

States use their tax systems to influence inbound and outbound investment, but the non-discrimination article of the OECD Model limits states' ability to apply tax preferences for resident investors over non-resident investors. This paper attempts to lay out the tax policy issues underlying the...

In this fourth part in a series of reports on state aid, Mason focuses on the element of “advantage” in EU state aid law, and she criticizes the European Commission's doctrinal approach to identifying advantages for state aid purposes. In particular, this article addresses the divergence...

In this report, the second in a series of reports on EU state aid, Mason evaluates the claims Treasury' made in its White Paper that recovery in the recent tax ruling cases would violate taxpayers' legitimate expectations that those rulings did not constitute state aid

In this report, the first in a series of reports on EU state aid, Mason provides background on state aid law as it applies to income taxes, including the legal standard, recovery mechanism, and case selection by the Commission

This National Report was prepared for the 2014 Annual Congress of the European Association of Tax Law Professors, which took place in May 2014 at Koç University, Istanbul, Turkey. This National Report discusses administrative and legal mechanisms, especially the Foreign Account Tax Compliance...