Norway: Proposed limitations on related-party debt interest deduction

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Norway: Proposed limitations on related-party debt interest deduction

mollnes.jpg

Ingunn Mollnes

Norway's Ministry of Finance released a consultation paper on April 11 2013 that would introduce limits on the deduction of interest on related-party debt. The purpose of the proposal is to restrict earnings stripping via intercompany debt financing. Under the proposal, net interest expense paid to a related party would not be deductible in a year to the extent such expense exceeds 25% of a basis of limitation, a figure similar to EBITDA. The limitation would be calculated separately for each entity. However, the limitation only applies to companies that have net interest costs exceeding NOK1 million ($170,000). The proposal suggests that the rules would apply as from fiscal year 2014.

Related parties

The term "related-parties" covers both direct and indirect ownership and/or control. The minimum ownership/control requirement is 50%. The proposal is not only limited to cross-border loan arrangements and will also include loans between Norwegian taxpayers. Back-to-back loans via an independent lender would also be caught by the rules.

The proposed rule is not intended to limit the right to deduct interest on loans obtained from unrelated lenders such as banks and financial institutions; however, interest paid to unrelated lenders is included when calculating the interest deduction limit.

Basis for limitation

The basis for the 25% limitation would be the net taxable profit, before taking into account interest earned by the corporation, interest accrued on debt taken out by the corporation and tax depreciation.

Net interest expense

"Net interest expense" would be defined as interest accrued on debt less interest earned. Gains or losses on certain bonds would be treated as interest earnings or interest accrued on debt. Currency gains/losses are, however, not included. Neither are gains/losses on interest and currency derivatives. Although interest paid to both related and unrelated parties would be included in calculating the 25% limitation, the amount disallowed would be limited to net interest expense paid to related parties.

For example:

Taxable profits before any adjustment

200

Tax deprecation

40

Net interest expense (120 external/40 internal)

160

Basis for calculation

400

Limitation

100

Interest deduction will be limited to the 100, however, interest on external debt will always be deductible – so 120 will be deductible, while the total of interest paid to related party will not be deductible.

Carry-forward of non-deducted intra-group interest and taxation of interest income

Any related party interest payments which are not deductible because of limitation may be carried forward for a maximum of five years. Interest received is taxable income for the creditor even if the debtor has been denied deductions due to the limitation.

Ingunn Mollnes (imollnes@deloitte.no)

Deloitte, Norway

Tel: +47 51 81 56 57

Website: www.deloitte.no

more across site & shared bottom lb ros

More from across our site

As the firm embarks on a major shakeup of its EMEA partnerships, some staff will be watching nervously
The buyout of Hucke and Associates continues Ryan’s streak of firm acquisitions; in other news, a UK appeal against VAT on private school fees was dismissed
Tax teams are responding to usual client demand in the region, albeit with increased working from home flexibility, local sources indicate
A 120-plus-day delay to refunds would cost taxpayers almost $3bn in additional interest, the Cato Institute warned; plus indirect tax updates from February
The Office for Budget Responsibility’s pessimistic pillar two forecast accompanied the UK chancellor’s muted Spring Statement, dubbed ‘as dull as possible’ by one adviser
Digital tax reform is dissolving the old ‘temporal buffer’, forcing systems, institutions, and professionals to adapt as real-time reporting reshapes governance, capability, and compliance
Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
The political optics of the US’s carve-out deal are poor, but as the Fair Tax Foundation’s Paul Monaghan writes, it preserves pillar two’s guiding ethos
The big four firm reportedly sent ‘threatening’ correspondence to Unity Advisory over its hiring of ex-PwC partners; plus tax recruitment news from the week
Gift this article