Norwegian Tax Administration Guidance for the reporting of inheritance Inheritance declarations (RF-1616) must be sent to the tax office within six months of the death. The declaration must be sent to the region in which the deceased was resident; see the final page of the guidance. All heirs are responsible for ensuring that the inheritance declaration is sent by the relevant deadline. Information on inheritance tax can also be found at www.skatteetaten.no. declarations. The deadline is six months after the death or the new declaration deadline if you have been granted an extension. The tax office may nevertheless accept declarations that are received before the decision is taken. The tax office will not take into consideration any declarations received after this date. Remarks concerning the individual sections of the inheritance declaration form 1.2 Marital status Two people who live together and who have joint children and/or have previously been married are considered cohabitants. Two unmarried people who live together and who have lived together in a marriage-like relationship for at least two consecutive years are also considered cohabitants. 1.4 The parties' assets Only spouses can have jointly owned assets and/or separate assets. If the spouses have separate assets, a copy of the marriage settlement must be enclosed. 1.5 The estate of the first deceased If the estate of the first deceased has been fully or partially divided, a copy of the estate settlement must be enclosed. If the estate has been taken over in its entirety by the surviving spouse, a copy of either the grant of probate or the will must be enclosed. No reservations or conditions may be linked to any waiving of the right of inheritance, except that the inheritance may be the sole property of the recipient of the waived inheritance. When a person waives their right of inheritance, the inheritance will be divided as if the person concerned had died before the inheritance was divided. If a person who waives their right of inheritance has their own living heirs, the inheritance will be divided equally between them. Heirs who have no living heirs may waive their rights in favour of one or more joint heirs to the estate. The right to waive inheritance may be limited or prohibited in cases where the heir is themselves an heir according to a will. Heirs more remotely related than cousins of the deceased have no right of inheritance; see the Inheritance Act. Waiving of inheritance in favour of such heirs is not permitted. See Section 8(3) of the Inheritance Tax Act for more information. If inheritance above a certain maximum amount is waived in favour of heirs who are minors, the County Governor, as the guardianship authority, must be notified. From 1 July 2013, the maximum amount is two times the current National Insurance basic amount (G) at the start of the year. Enclose a copy of this declaration. More information on the waiving of inheritance rights can also be found at www.skatteetaten.no. 1.6 Did the deceased have a will? Inheritance tax is generally calculated on the basis of the division of the inheritance that follows from the Inheritance Act. If the testator has left a will, this must be used as a basis. Even if the testator has left a will which does not meet the strict formal requirements that apply to wills, the tax office may still take this will into consideration when calculating the inheritance tax due. It will then be a condition that the heirs have followed the written list in every respect when dividing the inheritance. 1.7 Waiving the right of inheritance An heir may waive his or her right of inheritance in its entirety or in part; see Section 74 of the Inheritance Act. In such cases, a written declaration to this effect must be enclosed. You will find the relevant form (RF-1622) at www.skatteetaten.no. If the inheritance is divided between several people, the tax-free amount and the progressive tax rates may reduce the amount of inheritance tax payable. Note the deadline: Declarations concerning waiving of the right of inheritance must be submitted in writing to the tax office in connection with the submission of the associated inheritance declaration or by the deadline that applies to the submission of inheritance RF-1621E Approv. 05.2013 2 Assets as of the time of death In this section, you must state the gross value of the deceased's assets as of the date of death, both in Norway and abroad. If the estate has been returned from public division, it is the values as of the date of the court's return ruling that must be declared. The assets must be listed at their estimated sale value, i.e. their market value. There are special rules for the valuation of non-listed shares and stakes in general partnerships with mutual liability and limited partnerships, as well as for the valuation of agricultural property. 2.1 Real properties of all types Real property must be listed at its estimated market value under section 2.1. If the property has been valued in connection with the division of the estate, enclose a copy of the valuation. If the property has been sold, you must enclose a copy of the settlement agreement from the estate agent or a purchase/sale agreement. If the property has not been valued or sold, the tax office's declaration form for the property type concerned must be completed: Notification form for residential property/plot (RF-1618) Notification form for holiday property/plot (RF-1619) Notification form for other real property/plot (RF-1620) 2.2 Property covered by the oldest child's right of inheritance When real property that is covered by the oldest child's right to inherit agricultural or forestry land from his or her parents is transferred to a relative of the testator in a direct line of descent, the property must be declared with a value equivalent to three quarters of the estimated sale value. If, in connection with the division of an undivided estate, such property is transferred to relatives of the first deceased spouse in a direct line of descent in accordance with the division valuation, the entire valuation amount must be declared. An heir may not claim a valuation under these rules for more than one property, or the assets that he or she receives in a single property, from the same testator. Agricultural/forestry property that has been managed as a single operating unit is considered a single property. In this context, spouses are considered to be a single testator. Note the following: The value that was used as a basis for calculating the inheritance tax will determine the initial value in connection with the calculation of the taxable gain in the event of any subsequent sale. The initial value may not be set higher than the value that was used in the inheritance tax calculation. For more information on how the gain will be calculated, see www.skatteetaten.no under the rules concerning the purchase and sale of residential property. 2.3 Livestock, machinery and other movables that belong to a farm or forestry business Valuation of stocks Stocks must be valued at their acquisition or manufacturing price at the time they become available for use. Goods which must be sold at a reduced price as a result of damage, obsolescence or similar must be valued at the anticipated sale price minus sale costs. Enclose a copy of the status and the profit/loss account as of 1 January in the year of death. The tax office will notify you if further information is required. 2.4 Movables Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 – Year 15 65% 55% 45% 40% 30% 20% 15% List prices for cars can be found at www.skatteetaten.no/listepris 2.10 Insurance agreements Life or annuity insurance owned by the testator which has not fallen due for disbursement (has commenced during the lifetime of the testator) must be declared at the surrender value as of the date of death. You must also enclose a statement from the company which states the surrender value. The tax office must also receive information from the company concerning the capital value of a possible free policy. If an annuity had commenced prior to the date of death, the value must be set as equal to the capital value of the remaining annual payments that will be made after the death. The capital value of the annuity (determined in accordance with Section 13 of the Inheritance Tax Act) may be declared, but the tax office will calculate this value in any case. 2.11 Shares and unit trusts, etc. In the case of the inheritance of stocks and shares, the recipient may be entitled to a deduction for any future tax gain in connection with the sale of these stocks and shares; see Section 14(5) of the Inheritance Tax Act. This applies to the inheritance of listed and non-listed shares, shares in unit trusts, partnerships, savings banks and other independent financing enterprises, mutual insurance companies, cooperative enterprises and similar foreign companies. Form RF-1624 must be used. You will find this form at www.skatteetaten.no. The total value is transferred from section 5 of RF-1624 to section 2.11 of the inheritance declaration. 2.12 Other securities In this section, you must list shares in securities (not unit trusts), bonds and other securities that are not covered by Section 14(5) of the Inheritance Act (see section 2.11 on who is covered). Works of art and antiques are also considered to be movables. If works of art or antiques have been valued, a copy of the valuation must be enclosed. 2.13 Monetary claims 2.7 Tax credits Mortgage bonds and other outstanding claims must be valued at their nominal value, unless it can be demonstrated that the estimated sale value is lower. If the estate consists of more than one heir, the heirs should request an advance tax assessment well before the inheritance declaration must be submitted. The form entitled "Tax return for advance tax assessment" (RF-1040) must be used for this purpose. You will find this form at www.skatteetaten.no. 2.8 Motor vehicles Under this section, you should declare cars, motorcycles, snowscooters, mopeds, motorised quadricycles and motor homes. These assets must be valued at their list price as new minus a standard deduction for age. The deduction is calculated as a percentage in accordance with the table below. Age of vehicle Year 0 (new) 2.14 Other capital Examples include ships and other vessels, boats, nets, seine and line fishing and other fishing equipment, movables, etc. in trade, industry and craft businesses, income benefits, etc. Specify on a separate sheet. 3 The deceased's debts and costs attributable to the death Heirs are entitled to claim a deduction from the tax basis for: a) the obligations that are incumbent on the estate to cover the testator's debt (including debt that is covered by debt insurance). b) the obligations that the testator has imposed on the taxpayer as a condition for taking over the inheritance Proportion of list price as new 75% Page 2 of 4 c) funeral and grave expenses d) other costs that are necessary in order to take possession of the inheritance. Deductions for an obligation may only be claimed if it is unconditional or when it can be documented that the obligation has been fulfilled. If the tax office deems it unlikely that the obligation will be fulfilled, the deduction may be refused; see Section 16 of the Inheritance Tax Act. More information on the deductions you may be entitled to can be found at www. skatteetaten.no. 3.1 Mortgage debt and other debt Mortgage debt: Include the principal and interest accrued up to the date of death. Enclose documentation of the debt at the time of death. Other debt: The debt of a testator to an heir is deductible. The tax office imposes special requirements concerning documentation of the claim. Deductions for the care of testators are only deductible if the heir has a legal claim to this. Enclose documentation showing possible accrued interest as of the date of death, the interest rate and instalments for the debt items for which deductions are being claimed. 3.2 Tax debt Deductions may only be claimed for the tax debt of the deceased. Enclose documentation of the type of tax or duty and the tax year. Tax on the income of a decedent's estate after the date of death cannot be declared as debt, nor may tax that is levied on the basis of the asset statement after the date of death. If the estate consists of more than one heir, the heirs should request an advance tax assessment well before the inheritance declaration must be submitted. The form entitled "Tax return for advance tax assessment" (RF-1040) must be used for this purpose. You will find this form at www.skatteetaten.no. 3.3 and 3.4 Funeral and grave expenses and other costs and deductions A standard deduction in an amount corresponding to half a National Insurance basic amount (G) at the start of the year will be given unless higher expenses are documented. NOTE! Documentation must only be enclosed when the expenses in sections 3.3 and 3.4 combined exceed half a National Insurance basic amount (G). or herself who must submit any claim for deductions in accordance with Section 20. Note! The amount must not be entered in the form. Enclose claims for deductions from the tax on a separate sheet, in addition to documentation of the payment of document fees. 4 Net capital and the division thereof The tax office will calculate the inheritance tax according to the division of the inheritance that follows from the Inheritance Act or will. If the division deviates from the provisions of the Inheritance Act or a will/written statements by the deceased, a precise account of this must be given in a separate enclosure. In the case of waived inheritance, a written declaration of this must be enclosed. The form for this (RF-1622) can be downloaded from www.skatteetaten.no. For more information on waiving inheritance, see section 1.7 of this guidance. 5 Gifts during the lifetime of the testator You must submit a separate gift declaration form for gifts that have not been declared previously. Gifts given up to the annual tax-free amount need not be declared and should not be included. An overview of gifts that must be declared can be found at www.skatteetaten.no, under the inheritance and gift pages. 6 Power of attorney Power of attorney must be enclosed if the agent is not a solicitor. See section 7. 7 Signatures The duty of declaration is personal and all heirs must sign the inheritance declaration. If the declaration is signed by an agent who is not a solicitor, power of attorney must be enclosed. Heirs who in accordance with a grant of proxy have taken on liability for the estate's obligations do not have the necessary authority with respect to the tax office to sign on behalf of other heirs. 8. General information 8.1 Inheritance by persons under 21 Deductions are given for funeral and grave expenses. This also covers expenses set aside for the future maintenance of the grave. Such funds should be deposited in a separate account for the grave or paid to the churchwarden. A deduction is given for inheritance inherited by an heir from his or her guardian corresponding to the National Insurance basic amount (G) as of 1 January in the year of death for each year by which the heir was under the age of 21 at the time the guardian died. 8.2 Inheritance by spouses and cohabitants Under Other costs and deductions, you should declare expenses that are necessary in order for the heirs to take possession of the inheritance. Such expenses may include document fees, registration fees, solicitor's fees and sale costs in connection with the sale of real property. No deductions are given for the heirs' own expenses in connection with division such as lost earnings, etc. Deductions for document fee payments: In accordance with Section 20 of the Inheritance Tax Act, document fees paid by an heir may be deducted from his or her inheritance tax. 'Commercial property' means property on which commercial activity is being carried out at the time of transfer. If the property is being used for both commercial and private purposes, the deduction will be reduced proportionately. It is the taxpayer himPage 3 of 4 Inheritance by spouses and certain cohabitants is not taxable; see Section 4(4) of the Inheritance Tax Act. See section 1.2 for which cohabitants are covered by the exemption. 8.3 Inheritance by recipients with a non-profit object Inheritance by organisations/foundations with a non-profit object are exempt from inheritance tax. 8.4 Calculation of the inheritance tax Inheritance tax amounts to a certain percentage of what you receive in inheritance or as a gift. What you receive in inheritance forms the basis for the inheritance tax. In order to determine the basis for the inheritance tax, it is necessary to assess and determine the value of the assets. The circumstances that give entitlement to deductions from the gross value of the inheritance must then be established. When the net value has been determined in this way and the tax-free amount has been deducted, the tax is calculated according to the applicable rates. If you have previously received a gift from the testator, you must be aware that you will not be given another tax-free amount and that the tax office will consider previous gifts and the inheritance collectively, and calculate the inheritance tax accordingly. Even if the transfer does not qualify for the instalment scheme, the recipient may in some cases be entitled to participate in an instalment scheme that is not interest-free. You can find out more about how inheritance tax is calculated at www.skatteetaten.no, under the inheritance and gift pages. However, exemptions apply for heirs who in accordance with a will only inherit a particular object or a certain amount. The heir will then only be liable for the tax that has been levied on him. 8.7 Liability for inheritance tax The heirs are jointly and severally liable for inheritance tax. This means that if one heir does not pay the inheritance tax that is owed, the entire outstanding amount plus interest and costs may be collected from one or more of the other heirs. Efforts will first be made to recover the tax from the heir concerned. 8.5 Paying inheritance tax In the case of the private division of an estate, inheritance tax must be paid within 12 months of the date of death. A demand may nevertheless be made for the tax to be paid earlier than one month after the tax decision has been notified to the party liable to the tax. If the tax is not paid by the applicable deadline, the heirs will be required to pay penalty interest. Interest may also be added when the duty of declaration has not been fulfilled, e.g. by failing to submit an inheritance declaration, with the result that the inheritance tax is paid after the statutory ordinary due date. The tax must be paid regardless of any appeal. 8.6 Instalment scheme in the case of a generational change in family-owned businesses In order to ease any liquidity problems that may arise when a family business is passed on to a new generation, the recipient is in some cases entitled to participate in an interest-free instalment scheme over twelve years. Applications to participate in this scheme must be submitted to the tax office as soon as possible. In order to avoid payment default, such applications must be submitted before the payment deadline. Page 4 of 4 Postal addresses for the regional offices Postal address Norwegian Tax Administration P O Box 2060 N-6402 Molde Norwegian Tax Administration P O Box 2412 N-3104 Tønsberg Norwegian Tax Administration P O Box 9200 Grønland N-0134 Oslo Applicable to Nord-Trøndelag, Sør-Trøndelag, Møre og Romsdal, Sogn og Fjordane, Hordaland, Rogaland, Finnmark, Troms and Nordland Vest-Agder, AustAgder, Telemark, Vestfold and Buskerud Oslo, Akershus, Østfold, Hedmark and Oppland