3.3.3 Benefits derived from surrendered property / Maintenance payments
Applies to the income year 2017
If you make regular payments to another person, you may in some cases be entitled to a deduction for the payments you have made.
You may also be entitled to a deduction for benefits derived from surrendered property. An example of a benefit derived from surrendered property is where someone is able to live in or use free of charge a home/property that you own.
Does this item concern me?
In order to be entitled to a deduction for the payments, the payments you make must be taxable for the recipient. In other words, you may be entitled to a deduction for what you give, provided the person receiving the payment pays tax on what you have given.
Some examples of payments or benefits derived from surrendered property are:
- Payments to former spouses. These are called maintenance payments.
- If you have purchased a property where the payment was that the seller will be entitled to so-called "annual benefits" (such as right of occupancy).
You are not entitled to a deduction for child support payments.
If you make maintenance payments amounting to more than NOK 10,000 in a year, the payments must be made via a bank in order for you to be able to claim a deduction for the amount.
How do I enter this in my tax return?
You enter the name of the recipient and their municipality of residence and date of birth and the payment(s) made.
If the deduction concerns a benefit derived from surrendered property, the annual determined value (such as the value of right of occupancy) must be entered instead of the payments made. You will find the value of the benefit derived from surrendered property in the transfer/sales agreement for the property that it concerns.
You do not need to send us any documentation for this, but you must be able to present documentation if we ask for it.
If we ask for documentation, you must be able to document the following:
- the magnitude of the benefit derived from surrendered property, which can documented through a transfer/sales contract from the date of takeover.
- maintenance payments which must be documented through bank statements and the maintenance payment agreement.