The Norwegian economy has been largely insulated from the effects of the global financial crisis still being felt elsewhere in Europe by the strength of the nation's oil sector. Consequently, there has been a buoyant market for both inbound and outbound ...
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The Norwegian economy has been largely insulated from the effects of the global financial crisis still being felt elsewhere in Europe by the strength of the nation's oil sector. Consequently, there has been a buoyant market for both inbound and outbound investments in Norway and plenty of work for tax advisers.
The other significant feature of the tax marketplace this year has been the authorities' continued focus on transfer pricing. Several practitioners have commented that the Ministry of Finance has built on last year's momentum and increased scrutiny of the subject, with thin capitalisation and intercompany sales and transfers being particular areas of focus. The Transocean case is the standout example of this attention to transfer pricing.
The tax authorities in Norway have accused Transocean's Norwegian subsidiary of towing a rig outside of Norwegian territorial waters for a number of hours in 1999 and transferring its ownership during that time to a group company in the Cayman Islands to circumvent Norwegian transfer pricing rules. Though the company denies all charges related to this and other transfers, if it loses the case, it will face a bill for NKr5 billion ($926 million) in unpaid taxes plus interest.
Tax practitioners in Norway expect that this focus on transfer pricing will continue for the foreseeable future. The authorities have now had three years working with the new transfer pricing legislation to improve their knowledge and ability to enforce the regulations. Several tax advisers suggest that this will be an important issue to consider for companies in Norway this year. "The authorities are now simply much more able, much more aware and educated on issues of transfer pricing," says one advisor.
This is not necessarily bad news, though. One practitioner commented that the improving knowledge of the revenue authorities has made them more open to discussion and consultation when clearance is sought and even during transfer pricing audits. Even if the issue is set to remain at the forefront in the Norwegian tax market this year, it may be that there is less litigation than there was during 2010 and 2011 as tax advisers seek to work with rather than against the Ministry of Finance.
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