Norwegian Tax Administration

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Norwegian Tax
Administration
The gift declaration form (RF-1616) must be submitted
within one month of the assets being given or transferred.
Both the donor and the recipient are responsible for
ensuring that the declaration is submitted punctually and
both parties must sign the declaration. Further information
can be found at www.skatteetaten.no.
Remarks concerning the individual items in the gift
declaration form.
Guidance for the gift declaration form
free amount do not need to be declared and should not be
included. See also item 7.2 and the following in the guidance.
1.3 The recipient's name
One declaration must be submitted for each recipient. One
declaration must be submitted for each recipient. If the recipient
is married and the gift has been given to both, two declarations
must be submitted, on which the persons concerned are stated
as the recipient of their respective share of the gift.
1. Personal information
1.4.2 Relationship
1.1.4 The gift was given by
Adoptive relationships come under the term ‘relationship’. It is
not necessary to state that the recipient is an adopted child. It is
sufficient just to write ‘child’. Children, including step children,
who have actually been fostered by the donor, are deemed to
be foster children.
Divorced donors must insert a cross in the box for unmarried
donor. If separated donors wish to distribute assets from a joint
estate, both spouses must sign the gift declaration form. In the
case of partial division, e.g. division with the children from a
previous marriage of the deceased, a cross must be inserted in
the box for undivided estate.
An undivided estate means that the assets of the first
deceased have not been divided but taken over by the surviving
spouse/cohabitant. Distribution from an undivided estate to a
living heir or heir under a will is deemed to originate from a
spouse/cohabitant in accordance with Section 7(2) of the
Inheritance Tax Act.
In the case of distribution from an undivided estate to a person
who is only an heir to the first deceased (e.g. the child of a
previous marriage, or parents if the deceased was childless),
the general rule is that the assets are considered to originate
from the deceased.
If the distribution exceeds the deceased’s share in the
undivided estate, the remainder will be deemed a gift from the
survivor. It must be documented how much of the deceased’s
share has been exceeded (e.g. by submitting the tax return for
the most recent income year).
In the case of the division of an undivided estate of a
cohabitant, a copy of “Request for right of survivorship
certificate from surviving cohabitant” (GA-5340) must be
enclosed. Two persons who live together, have joint children
and/or have previously been married are deemed cohabitants.
Two unmarried persons who live and have lived together in a
marriage- or partner-like relationship for at least two
consecutive years are also deemed cohabitants.
1.1.5 Previous gifts
You must submit a separate gift declaration for gifts that have
not been declared previously. Gifts given within the annual tax-
RF-1617E Approv. 04.2013
1.4.2 Relationship
Any relationship between the cohabitant/spouse of the person
giving the gift and the spouse/cohabitant of the person receiving
the gift must be declared here. If these persons are related, the
gift will be subject to inheritance tax even if the donor and the
recipient are not related. See Section 2 of the Inheritance Tax
Act.
1.5 When the gift was given
A gift is deemed to have been given when the donor has largely
or entirely placed the assets at the disposal of the recipient. It is
important that a specific gift date is set. This date is for example
important as regards the rates and tax-free amount that will be
used when determining the inheritance tax. If it is difficult to
determine a specific date, it may be necessary to provide
supplementary information to the tax office. If there is
insufficient space in item 5, Special information, use a separate
sheet.
2 Specification and value of the distributed
assets
It is the estimated sales value when the gift was given that must
be declared. The exceptions are referred to under the individual
items.
2.1 Real property
Real property must be declared with the estimated market value
at the time the gift was given. The full value must be entered
even if a property has a reduced value because of a usufruct or
similar. Deductions for the usufruct must be entered under item
3.4. If a full or partial fee for the property is agreed, it must be
entered at the full value, while the fee is entered as a deduction
under item 3.3.
If the property has not been valued in connection with the gift
transfer, an information form for real property must be
completed. The following forms are available at
www.skatteetaten.no:



Information form for residential property/plot (RF-1618)
Information form for holiday property/plot (RF-1619)
Information form for other real property/plot (RF-1620)
When real property that is covered by an immediate heir’s
right to retain possession of a paternal farm (agricultural and
forestry property) is transferred to the donor’s relative in direct
line of descent, the property must be declared in the amount of
three-quarters of the estimated sale value. If in connection with
the division of an undivided estate, such a property is
transferred to a relative of the first deceased spouse in a direct
line of descent in accordance with the official valuation of the
property of the decent estate, the full valuation amount must be
declared.
For a gift from the same donor, a gift recipient may not claim a
valuation in accordance with these rules for more than one
property or the shares he receives in a single property, i.e. a
farm which has been run as a single operational entity.
Important information
The value which was used as a basis for the inheritance tax
calculation will determine the initial value in connection with the
taxable gain from any subsequent sale. The initial value cannot
be set higher than the value that was assumed in the
inheritance tax calculation. More information on how the gain is
calculated can be found at www.skatteetaten.no under the rules
concerning property purchases and sales.
2.4 Shares and unit trusts, etc.
In the event of the transfer of stocks and shares, the recipient
may be entitled to a deduction for any future tax gains in
connection with the sale of such stocks and shares; see Section
14(5) of the Inheritance Tax Act. This applies to the transfer of
listed and non-listed shares, shares in unit trusts, partnerships,
savings banks and other self-owning financing enterprises,
mutual insurance companies, cooperative enterprises and
corresponding foreign companies.
Form RF-1624 should therefore be used. This form is available
at www.skatteetaten.no. The total net value is transferred from
item 5 in form RF-1624B to item 2.4 in the gift declaration form.
2.5 Collective investment funds, etc.
Here, you should list shares in collective investment funds (not
unit trusts), bonds and other securities which are not covered
by Section 14(5) of the Inheritance Tax Act (see item 2.4
concerning who is covered).
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2.6 Life assurance and annuity agreements
Sums insured which under the agreement with the company are
due for payment at the time the gift is given must be entered in
the amount paid by the insurance company. If a life assurance
policy is given as a gift before it falls due for payment, the
surrender value must be declared. Enclose a statement of the
surrender value from the insurance company.
Annuities that have begun to run should be declared at the
capital value of the annual payments that will be made from the
time the gift is given. The capital value of the annuity,
determined in accordance with Section 13 of the Inheritance
Tax Act, may be declared, but this is not necessary. The tax
office will in any case calculate the capital value on the basis of
the information provided. Annuities that may be surrendered but
which have not fallen due for payment when the gift is given
must be set as equal to the surrender value. In addition, you
must also state the value of any accrued free policies at the
time the gift is given. Enclose statements of the surrender value
and any free policies from the company.
If you would like to find out more about this, you can read the
chapter on insurance payments in the handbook for inheritance
tax, which you can find at www.skatteetaten.no.
2.7 Interest-free or low-cost loans, surrender and
obsolescence
If a loan from a donor to a recipient has not been interestbearing or if agreed interest has been lower than the interest
that would apply to an interest-free loan in an employment
relationship, this is considered to be a gift/benefit which must be
included in the basis for the tax. This interest corresponds to
the standard interest rate and is determined by the Ministry of
Finance for a period of two calendar months at a time.
The interest rate is announced at www.skatteetaten.no under
tables and rates. Information can also be obtained from the tax
information helpline. The value of the gift/benefit will be
determined by the tax office.
The tax office takes into consideration the tax savings that the
borrower would have made had he paid the standard interest
rate and been able to claim a deduction against income tax.
This will be deducted from the basis for the inheritance tax. See
www.skatteetaten.no for information on the standard interest
rate.
NB:
If the loan has been surrendered in part or in full, the
surrendered amount must be entered in the right-hand column.
The same applies if the loan has become obsolescent. If this
only concerns an interest-free or low-cost loan, only the fields in
item 2.7.1 to 2.7.3 inclusive must be completed, not the field in
the right-hand column.
If interest has accrued on the surrendered amount which has
not been paid, this amount must be entered in item 2.7.4.
2.8 Motor vehicles
b)
Cars, motorcycles, snowscooters, mopeds, motorised
quadricycles and mobile homes must be declared under this
item. These assets must be valued at list price as new, minus a
standard deduction to take account of age. The deduction is
calculated as a percentage and follows the table below.
Age of
vehicle
Proportion of list price
as new
Year 0 (new)
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7 – Year 15
Deductions for the obligation may only be claimed when it is
unconditional or when it has been documented that the
obligation has been fulfilled. If the tax office considers it unlikely
that the obligation will be fulfilled, the deduction may be
refused; see Section 16 of the Inheritance Tax Act.
Deductions in accordance with Section 14(5) of the Inheritance
Tax Act for gains subject to a latent tax obligation in connection
with the transfer of assets covered by the shareholder and
partner model should be declared in form RF-1624.
75%
65%
55%
45%
40%
30%
20%
15%
You will find more information concerning deductions at
www.skatteetaten.no and the deductions chapter of the
handbook on inheritance tax.
3.2 Mortgage bonds or promissory notes
Deductions are given for the debt obligation that is established
between a donor and a recipient in connection with the transfer
of the gift. Any interest received by the recipient must be
entered in item 2.7.
Vehicle list prices can be found at
www.skatteetaten.no/listepris.
2.10 Outstanding claims and other benefits
Mortgage bonds and other outstanding claims (receivables)
that are given as a gift must be valued at face value, unless it is
documented that the estimated sale value is lower.
Examples of other benefits are interior furnishings such as art,
antiques and other movables and other movables, ships and
other vessels, boats, nets, seine and longline fishing equipment
and other fishing equipment, movables, etc. in trade, industrial
and craftwork businesses, income benefits and expenses in
connection with the transfer that are paid by the donor. These
should be specified on a separate sheet. If works of art or
antiques have been valued, a copy of the valuation must be
enclosed.
Valuation of stock
Stock must be valued at its acquisition or manufacturing price
upon acquisition. Goods which as a result of damage,
obsolescence or similar must be sold at a reduced price must
be valued at their estimated sale price minus a deduction for
sales costs.
Enclose a statement of the status and profit/loss account as of
1 January in the gift year (and at the time the gift was given if
the accounts have been closed by that date). The tax office will
notify you if additional information must be provided. If a written
agreement concerning the transfer of the business (or a share
therein) has been established, a copy of the agreement must be
enclosed.
3 Deductions from the value of distributed
assets
The recipient may claim deductions from the tax basis for:
a)
costs that are necessary in order for the recipient to
come into possession of the assets.
obligations that are incumbent on the donor as a
condition for the gift, and
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3.3 Cash fees
Any cash fees paid by the recipient must be entered under item
3.3. Fees that have not yet been paid must be entered under
item 3.2. Documentation of fees paid in cash must be enclosed
with the gift declaration.
3.4 Income benefits
Income benefits that the donor has reserved for himself or
others may be claimed as a deduction in accordance with the
provisions of Section 15 of the Inheritance Tax Act; see Section
13. Examples of income benefits are residential rights or
usufructs, annuities, ongoing capital returns and basic charges.
In connection with the assessment of income, the recipient will
only be able to claim a deduction for the payment of income
benefits in cash, e.g. a pension to the donor. Any deduction
from the tax basis will limit the deduction that may be made
when the tax is determined correspondingly.
More information concerning residential rights or usufruct
relating to real property
If the donor has reserved a usufruct or residential right
concerning real property in connection with the transfer of the
property, it is important that this is declared in the information
form for valuation of property.
A deduction is given for the donor’s usufruct concerning a
holiday property when the usufruct does not exceed four
weeks per year. If the donor’s usufruct exceeds four weeks, the
ownership is not normally considered to have been transferred
to the recipient in connection with the determination of the
inheritance tax.
In connection with the transfer of ordinary residential property
a deduction may be given for the donor's usufruct if it
encompasses more than half of the residential area. The
donor’s residential right must normally be clearly defined with
respect to the part of the dwelling used by the recipient and
should cover all the interior fittings that are normally necessary
in order to use the area as a permanent residence.
If the usufruct or residential right is too comprehensive, the gift
may not be considered as having been given for the purposes
of inheritance tax. The tax office will then defer the calculation
of tax until the right of disposal over the assets has been
transferred to the recipient. The right of disposal is deemed to
have been transferred either upon cessation of the usufruct or
upon waiving of the usufruct. If he so wishes, the recipient may
nevertheless choose to have the tax calculated at the time the
gift is given, but without any deduction for the usufruct.
7. General information
7.1 What is a taxable gift?
Only gifts between certain persons trigger an obligation to pay
inheritance tax. If the donor is related to the recipient, the gift
will generally be considered as taxable.
A gift is defined as any financial benefit that the recipient gains
through the gift transfer. For example, benefits may be gained
through obsolescence or the surrender of debt, purchases,
exchanges, rental or loans or other agreements where the
recipient has not paid the full fee. If the donor is to have a
usufruct after the transfer, this must still be declared to the tax
office.
3.5 Transfer costs
7.2 Gifts that are exempt from inheritance tax
If the recipient pays the costs attributable to the gift transfer,
this must be entered under this item as a deduction. If the donor
pays these costs, this will be considered as an additional gift
and must then be entered under item 2.10.
You do not need to notify the tax office of gifts that are exempt
from inheritance tax. The gifts that are exempt are listed below
in items 7.3 to 7.6 inclusive. The statutory provisions can be
found in Section 4 of the Inheritance Tax Act. You can also
obtain further information at www.skatteetaten.no under the
inheritance and gift pages.
In accordance with Section 20 of the Inheritance Tax Act,
revenue stamps that an heir or gift recipient pays on
commercial property may be deducted from the inheritance tax.
‘Commercial property’ means a property that is being used for
commercial purposes at the time of the transfer. If the property
is partly being used for commercial activity and partly for private
purposes, the deduction will be reduced proportionately. It is the
taxpayer himself who must submit a claim for a deduction in
accordance with Section 20.
NB:
The amount must not be entered in the form. Enclose the
documentation on a separate sheet.
7.3 The annual tax-free amount
Gifts of up to half of the National Insurance scheme’s basic
amount (G) at the start of the year are exempt from inheritance
tax. The maximum amount applies per donor for each recipient.
It is a condition that the gift is given before the death of the
donor. If the annual tax-free amount for one year has been fully
utilised through gift transactions early in the year, all
subsequent gifts must be declared to the tax office.
The annual tax-free amount does not cover gifts in the form of:


3.6 Other deductions
Other deductions may for example be lawyer's fees, expenses
for valuation, etc.

Real property
•
Assets that are valued in accordance with Section 11A
of the Inheritance Tax Act (non-listed stocks and shares in
trading companies and limited partnerships, as well as
other securities which are not listed on a stock exchange)
Insurance policies and the payment of insurance premiums
3.7 The annual tax-free amount
With certain exceptions, the annual tax-free amount can be
used as a deduction from the basis for inheritance tax. The
donor and recipient have a choice here and can decide for
themselves what proportion of the annual tax-free amount
should be entered as a deduction in the gift declaration. The
excess amount is then treated in accordance with the general
tax rules. Read more about the annual tax-free amount and the
exceptions that apply in item 7.
7.4 Periodic payments for fostering or education
Periodic payments for fostering or education, maintenance in
the donor’s home and payments for essential maintenance are
exempt from inheritance tax provided that the assets are used
before the death of the donor. Support for education may be
given within the rates used by the Norwegian State Educational
Loan Fund for education.
7.5 Gifts to spouses
6 Signatures
The declaration obligation is personal and both the donor and
the recipient must sign the gift declaration. If an authorised
representative is used who is not a lawyer, a power of attorney
must be enclosed. If the donor or recipient is a minor, the
guardian must sign as authorised representative.
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Gifts to spouses and certain cohabitants are exempt from
inheritance tax. See item 1.1.4 concerning which cohabitants
are covered by the exemption.
7.6 Non-profit purposes
7.9 Instalment scheme for generational succession in
family-owned enterprises
Gifts to non-profit organisations/foundations are exempt from
inheritance tax.
7.7 Calculation of inheritance tax
Inheritance tax amounts to a certain percentage of what you
receive in inheritance or as a gift. What you receive as a gift
forms the basis for the inheritance tax. In order to determine the
basis for the inheritance tax, the value of the assets concerned
must be investigated and determined. The circumstances which
give entitlement to deductions from the gross value of the gift
must then be established. When the net value has been
determined in this way and the tax-free amount has also been
deducted, the tax is calculated in accordance with the rates that
apply. If you have previously received a gift from the same
donor or testator, you must be aware that you will not be
entitled to another tax-free amount for the most recent gift and
that all gifts are viewed collectively and inheritance tax is
calculated on the basis of this. When the tax is calculated, the
new gift is added to the old gift. Read more about this at
www.skatteetaten.no under the inheritance and gift pages.
In order to ease the liquidity problems that can arise when a
family business is transferred to a new owner generation, the
recipient is in some cases entitled to participate in an interestfree instalment scheme over a period of twelve years. Requests
to participate in this scheme must be submitted to the tax office
as soon as possible. In order to avoid payment default, such
requests must be submitted before the due date.
Even if the transfer falls outside the instalment-free scheme, the
recipient may in certain cases still be entitled to be covered by
an instalment scheme which is not interest-free. In order to
avoid payment default, such applications must be submitted
before the due date.
Postal addresses for the regions
Postal address
Applies to
7.8 Payment of inheritance tax
Norwegian Tax
Administration
P O Box 2060
N-6402 Molde
Inheritance tax falls due for payment three months after the gift
was given, but no earlier than one month after the provisional or
final decision has been sent to the taxpayer. If the tax is not
paid by the relevant deadline, penalty interest will be payable.
Interest may also accrue when the declaration obligation is not
fulfilled, e.g. through failure to submit a gift declaration, with the
result that the inheritance tax demand is not paid until after the
ordinary payment deadline of three months.
Nord-Trøndelag,
Sør-Trøndelag,
Møre og Romsdal,
Sogn og Fjordane,
Hordaland,
Rogaland,
Finnmark, Troms
and Nordland
Norwegian Tax
Administration
P O Box 2412
N-3104
Tønsberg
Vest-Agder, AustAgder, Telemark,
Vestfold and
Buskerud
Norwegian Tax
Administration
P O Box 9200,
Grønland
N-0134 Oslo
Oslo, Akershus,
Østfold, Hedmark
and Oppland
Unless agreed otherwise, it is the recipient of the assets that is
obliged to pay the inheritance tax. A donor or survivor who
distributes assets from an undivided estate is nevertheless
jointly and severally liable with respect to the tax authority. The
collection authority may demand that the tax be paid by the
recipient first.
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