Act relating to Tax on Wealth and Income (the Tax Act)

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Chapter 13. Discretionary assessment of wealth and income in case of community of interest

Uofisiell engelsk oversettelse/unofficial translation

Section 13-1. Community of interest

(1) Discretionary assessment may take place if the wealth or income of the taxpayer has been reduced as the result of a direct or indirect community of interest with another individual, company or entity.

(2) If the other individual, company or entity mentioned in Sub-section 1 is resident in a state outside the EEA, and there is reason to believe that the wealth or income has been reduced, such reduction shall be deemed to have resulted from a community of interest unless the taxpayer documents that such is not the case. The preceding sentence shall apply correspondingly if the other individual, company or entity is resident or domiciled in a state within the EEA, provided that Norway does not have the right to demand information concerning the wealth and income of such person pursuant to an international law agreement.

(3) Wealth or income shall be assessed discretionarily as if there had been no community of interest.

(4) If there is a community of interest between enterprises resident in Norway and abroad, and their commercial or financial relations are subject to arms’ length terms laid down in a tax treaty between the respective states, the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations adopted by the Organisation for Economic Co-operation and Development (OECD) shall be taken into consideration for purposes of determining whether wealth or income has been reduced as stipulated in Sub-section 1 and for purposes of the discretionary assessment of wealth or income pursuant to Sub-section 3. These Guidelines should, to the extent applicable, be correspondingly taken into consideration in other cases than those mentioned above. The above shall only apply to the extent that Norway has acceded to the Guidelines, and provided that the Ministry has not decided otherwise.

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