Norway: Competent authority agreement entered into between Norway and the US

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Norway: Competent authority agreement entered into between Norway and the US

ragna.jpg

Ragna Flækøy Skjåkødegård

In January 2013, Norway and the US entered into a competent authority agreement, clarifying in which cases fiscally transparent entities are entitled to benefits under the Convention between the US and Norway for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income and Property (the treaty). The treaty's Paragraph 1 (a)(ii) of Article 3, on fiscal residence, states that the term "resident of Norway" means a partnership, estate or trust only to the extent that the income derived by such person is subject to Norwegian tax as the income of a resident. The corresponding paragraph regarding the US, Paragraph 1 (b)(ii) of Article 3, states that the term "resident of the United States" means a partnership, estate or trust only to the extent that such income is subject to tax as the income of a resident.

The competent authority agreement states that when applying the above mentioned paragraphs of Article 3, income from sources within Norway or the US, received by an entity, wherever organised, that is treated as fiscally transparent under the laws of either Norway or the US, will be treated as income derived by a resident of the other contracting state to the extent that such income is subject to tax as the income of a resident of that other contracting state.

The agreement provides the following example: If a resident of the US is a partner in a partnership or a member of a limited liability company (LLC) organised in the US, and the entity is treated for US federal tax purposes as a partnership, the resident of the US would be entitled to benefits of the treaty on the income that the resident derives from Norway through the partnership to the extent of the US resident's distributive share of that income.

The agreement states that for an entity to be fiscally transparent, the income subject to tax in the hands of the resident must have the same source and character as if the income were received directly by the resident. It is not relevant for the application of the agreement whether the entity is fiscally transparent for tax purposes in the other contracting state, or in any third jurisdiction in which the entity is organised.

Ragna Flækøy Skjåkødegård (rskjakodegard@deloitte.no)

Deloitte, Oslo

Tel: +47 23 27 96 00

Website: www.deloitte.no

more across site & shared bottom lb ros

More from across our site

Ascoria’s chief revenue officer shares her career wisdom garnered from the disparate worlds of tax technology, electric cables, radio DJing and more
Businesses no longer have a choice when it comes to tax technology transformation. Pavlo Boyko of TMF Group says the question is simply: sink or swim?
The firm is hunting for a senior TP manager in its quest to build a full-service practice in Indonesia, A&M Tax’s Jakarta head Jaap Zwaan tells ITR
With a new government in place, the evolving tax landscape presents both opportunities and challenges for taxpayers
Major economies have expressed concerns, with China arguing a US global minimum tax exemption would be a violation of the principle of fair competition – ITR understands
Senator Richard Colbeck told ITR he was concerned by the decision to let PwC Australia tender for government contracts again after a scandal-induced ban
Whether it be due to a fragmented advisory market or a rise in M&A, Italy’s frenetic hiring has not gone unnoticed by ITR’s Talent Tracker
The deal gives Azets 14 new partners and boosts its Swedish revenues to over $100 million; in other news, Svalner Atlas launched in Copenhagen
The tax technology company will be providing a free demonstration of its OTP software and offering best practice advice on whether to ‘buy or build’ on September 8
Johanes Glorinus Saragih of Indonesia’s Directorate General of Taxes outlines the nation’s delicate geopolitical situation, as it sits between a rock and a hard place with the US and pillar two
Gift this article