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

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 & bottom lb ros

More from across our site

The appointment of former Missouri representative Billy Long means Danny Werfel’s term will be cut short; in other news, former UK chancellor Philip Hammond has joined a tax consultancy’s board
But advisers also suggest that the proposals may lead to increased compliance costs and obligations
PwC’s ability to ‘quarantine critical information’ should raise concerns for regulators worldwide, Deborah O’Neill said in her warning letter to the PCAOB
After no party won a majority, it’s important that government formation talks are concluded quickly, one Irish tax partner said
Netherlands to think again on VAT increase; consumption tax levels stable in OECD
Problem solving skills are nothing more than a ‘nice to have’ for clients, according to new ITR+ research and conversations with six global in-house and advisory tax leaders
The US President’s decision comes despite him previously ruling out a pardon for his son
Despite China and India’s hesitation towards pillar two, there’s still enough movement in other countries for clients to start getting ready, James Badenach also tells ITR
The investigations dated back to 2015 and alleged that the companies received huge financial advantages from TP rulings; in other news, Australia is set to adopt a CbCR regime
Taxpayers would have to register controlled commodity transactions and declare information to the Brazilian tax authorities under the proposed regulations
Gift this article