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 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

The US president’s flippant approach to international trade will cause chaos for corporations, but there are opportunities for intrepid tax advisers
The ruling underscores that tax authorities must provide ‘detailed, well-supported, and logically sound justifications’ when determining reference prices in tax assessments, one expert told ITR
Tax teams and the IT experts they rely on should be wary of increased compliance, says Richard Sampson, chief revenue officer at Tax Systems
The law firm was representing a businessman in the commodities sector who had previously been convicted of tax fraud
One expert last month predicted the short-term impact of tariffs would be “devastating” for both Canada and the US, particularly if the former instituted retaliatory measures
Ahead of another busy year for the World Tax rankings and ITR Awards, we profile some of the UK’s major firms and explore key market trends
The Labor government has done more than any previous administration to crack down on multinational tax avoidance, Andrew Leigh also tells ITR
Companies that come to terms with digitised tax processes now will stand to gain from FASTER’s disruption, argues Carlos Silva of Xceptor
Audit specialist Walsh, a 33-year veteran of KPMG, will assume the leadership role in July; in other news, a think tank has claimed that the UK tax advisory market requires ‘urgent reform’
The court emphasised that TP analysis must adhere to the arm's-length principle, be based on the specific facts of each transaction and comply with domestic regulations, one expert says
Gift this article