Skatteetaten Central Office Foreign Tax Affairs Companies which are obliged to complete RF-1046 Extract of Accounts The form Extract of Accounts has to be filed by foreign companies and other entities that are tax assessed by the Central Office - Foreign Tax Affairs, registered with tax municipality 2312. The form must be submitted as an attachment to the tax return. Enterprises obliged to keep accounts are however required to submit the same forms as resident tax payers in addition to the Extract of Accounts form. Obligation to submit and document controlled transactions (transfer pricing) General filing requirements of inter-company transaction according to the Assessment Act section 4-12 is considered fulfilled by correct completion of the Extract of Accounts. The filing requirement is also due between Permanent Establishment and Affiliates. If a company is filling in Extract of Accounts page 2, Specification of costs, it does not need to fill in form RF-1123 Controlled transactions and accounts outstanding. Companies and other entities subjected to the filing requirement are obligated to prepare written documentation as a basis for evaluating prices and conditions in the controlled transaction between related companies. The tax authorities may require the documentation submitted within 45 days. More information regarding these requirements to documentation and exception to the obligation can be found in the Ministry of Finance’s regulation of 7 December 2007 no 1369. Calculation of the tax liable result The form Extract of Accounts shows the tax liable result for the company or the enterprises. Consequently, total income item 7 cf item 25 and total costs item 19, 20 and 23 cf item 26 must be tax related figures. The timing of income and expences must be made according to the “realisation principle”. Page 1 Accounting period State when the accounting period starts and ends (dates) here, generally 01.01. to 31.12.. Other periods may occur when the work starts or ends during the year. Dates should be stated with six digits DD.MM.YY. If the company has deviating accounting year the actual period should be stated, e.g. 01.06. to 31.05. Affiliated/associated companies By affiliated/associated companies as used in the Extract of Account we mean: 1) Companies that either directly or indirectly own/control at least 50 per cent of another company. RF-1046 E Guidelines to completing the Extract of Accounts 2013 Approved by the Directorate of Taxes for income year 2013 2) Two companies whereby both, with at least 50 per cent, are owned/controlled directly or indirectly by the same person/company or group of companies. Contract information Any internal project number must be recorded in addition to the contract number. Contract duration means the period from when the work relating to the contract began, until the contract completion date, including any work performed which is not subject to Norwegian tax legislation. State whether the work on each contract has been performed onshore (L), offshore (S) or both onshore and offshore (L/S). The period(s) when the work was carried out on the Norwegian Continental Shelf/ in Norway must be entered in a separate column. In the box ‘Amount’ enter the total sum related to a contract wholly or partly carried out in Norway or on the Norwegian Continental Shelf. Please note that the total sum is required, regardless of whether parts of the total sum are not taxable in Norway, cf. item 1 on page 2. Page 2 Income Item 1 Goods and services on the Norwegian Continental Shelf/in Norway invoiced to principal during the accounting year Enter here the total income invoiced which relates to activities wholly or partly carried out in Norway or on the Norwegian Continental Shelf. This means that any income, also deferred income, relating to the provision of services abroad, and which are connected to activities carried out on the Norwegian Continental Shelf/in Norway, must be recorded. Invoiced amount should be without VAT. Furthermore, all income received for goods and services supplied on the Norwegian Continental Shelf/in Norway must be included, irrespective of whether Norwegian tax legislation or any tax convention states that such income shall not be taxed in Norway. Item 2 Adjustment for income which is not taxable to Norway Income included in item 1 but which, in accordance with Norwegian tax legislation or a tax convention shall not be taxed by Norway, is to be recorded here as a deduction. The amount has to be specified in the notes section, page 3 or in a separate sheet. Item 3 Work-in-progress invoiced at the beginning of the accounting year and Work-inprogress invoiced at the end of the accounting year Item 3a and 3b concerns companies who apply the Contract Completion Method to fabrication contracts. By the term fabrication contract we mean a contract to produce or manufacture something, to construct plants/installations etc at a fixed price and the company who apply the Contract Completed method has profit responsibility for the contract. Long-term fabrication contracts may be divided into several independent part-contracts. In such cases a settlement for tax purposes must be made for each individual part-contract. Work-in-progress invoiced at the beginning of the accounting year (item 3a) is the invoiced amounts relating to unfinished fabrication contracts at the beginning of the accounting year. Work-in-progress invoiced at the end of the accounting year is the sum of the invoiced amounts relating to unfinished fabrication contracts at the end of the accounting period (item 3b). This item will ensure that income from fabrication contracts is taxed in the year that the contract is completed. See examples below. Item 4 Adjustment for accruals (earned income) Enter in item 4a income earned during the accounting year which has not been included in the amounts recorded in items 1 or 3. In item 4b enter income earned outside the accounting year which is included in item 1. This includes income earned before or after the accounting year even though invoicing took place within the accounting year and thus has been included in item 1. See examples below. Item 5 Financial income Enter here any financial income which is connected to taxable activities on the Norwegian Continental Shelf/in Norway. Item 6 Other income Enter here any taxable income relating to activities on the Norwegian Continental Shelf/ in Norway and which are not included in the items above, including net profit from Participant statement showing income and net worth in a partnership with shared assessment, RF-1221. The amount has to be itemized on a separate sheet. Item 7 Total income Item 7 will indicate what portion of the total income is taxable in Norway. This amount shall also be recorded under item 25. Example of recording income when the contract completion method is used and a part of the income is not taxable to Norway: X Ltd has carried out a fabrication contract (contract completion method) on the Norwegian Continental Shelf. The contract began on 01.01. year 1 and was completed on 01.05. year 2. The invoiced amounts were 120 in year 1 of which 20 is not taxable to Norway, and 180 in year 2 of which 30 is not taxable to 1. 180 Goods and services on the Norway. Norwegian Continental Shelf/ in Norway invoiced to The Extract of Accounts principal during thefor year 1 should be completed as follows: accounting year (30 + 150) 4a. 1. Adjustment for accruals Invoiced to principals within (earned income): Income the accounting year, for earned within the accountgoods and services delivered ing year and which is not on the Norwegian included in item 1 Continental or item 3 Shelf/in Norway 2.4b. Income earned outsidewhich the Adjustment for income accounting year which is is not taxable to Norway included in item 1 30 - 20 7. 3a. TOTAL income invoiced at Work-in-progress the beginning of the Part of income accounting yearrelating to Norwegian Continental Shelf Work-in-progress invoiced at the end of the accounting year 190 0 7.1 3b. + + 40 120 190 100 7. TOTAL income 0 7.1 Of this Norwegian Continental Shelf 0 Tax deduction only applies for costs which can be related to income which is taxable to Norway. Direct costs (items 8 - 18) Enter here costs which are related to the resources utilized in the process of carrying out each contract which is taxable to Norway and which has accrued in the period when the resource can be exclusively related to such contracts. Other deductible costs must be entered under indirect costs, unless they relate to depreciation which is entered under item 20. Item 8a Direct related wages, salaries and other remuneration Enter here all kinds of pay, the taxable portion of any payments-in-kind received for services rendered, premiums paid for annuity assurance and endowment assurance where the employee is the beneficiary, as well as premiums paid into collective annuity schemes. If the company has a deviating tax year, enclose reconciliation for salaries related to the calendar year. The form RF-1022 Salary and pension cost shall be returned as an attachment to the tax return. Potential differences between deductions claimed in item 8a and RF-1025 item 4.7, which is not accounted for in RF-1022, must be explained in a separate enclosure. An employee’s exemption from the Norwegian National Insurance Scheme also entails exemption from payment of employer’s contribution. It is therefore essential that 1. Goods and services on the Norwegian Continental Shelf/ in Norway invoiced to principal during the accounting year 2. Adjustment for income which is not taxable to Norway - 180 30 The following amounts were invoiced for this contract in year 2 and 3, is of relevance for the completion of Extract of Account for year 2: 3a. Work-in-progress invoiced at the beginning of the accounting year + 100 01.01. - 31.01. year 2 = 30 01.02. - 31.12. year 2 =150 01.01. - 31.01. year 3 = 40 3b. Work-in-progress invoiced at the end of the accounting year 0 7. TOTAL income 250 7.1 Part of income relating to Norwegian Continental Shelf 250 The Extract of Accounts for year 2 should therefore be completed as follows: Deductible costs applications for employees’ exemption from the National Insurance Scheme are made as early as possible, since no exemption from the Page 2 Item 10a Subsistence allowance (per diem) Enter here costs relating to employees’ subsistence allowance, and which have not been included under item 8a. If the business has met such costs for consultants/subcontractors or their employees, the costs shall be entered under either item 16a or 16b. Item 10b Travel costs Enter here travel costs which have not been included in item 8a or 10a. Costs met for consultants/subcontractors or their employees shall be entered under either item 16a or 16b. Item 11b Costs of goods sold Enter here the costs of goods which are sold. Item 9a Employer’s contribution to the Norwegian National Insurance Scheme Employer’s contributions to the Norwegian National Insurance Scheme are deductible for the employer to the same extent and in the same way as the pay it relates to. Example of recording time differentials: Y Ltd carried out activities by providing services on the Norwegian Continental Shelf in the period 01.01. year 1 - 31.12. year 2. Invoicing is based on the total number of hours worked and is carried out on the 15th of the following month. Y Ltd is entitled to remuneration as the work progresses. Item 9b Employer’s contributions to foreign Social Security Enter here contributions abroad and which relate to direct salary relevant to taxable income in Norway. Item 11a Materials and equipment consumed Enter here costs relating to materials and equipment which are not compulsorily capitalized. Item 8b Other direct related salary and remuneration Enter here any other pay and remuneration relating to work which was not carried out in Norway or on the Norwegian Continental Shelf, but is directly related to taxable assignments carried out there. For year 2, the form should be completed as follows: obligation to pay contributions to the National Insurance Scheme will be granted before Central Office - Foreign Tax Affairs has received notification of the employee’s exemption from The National Office for Social Insurance International, P O Box 8138, NO-0033 Oslo. Item 12 Repairs and maintenance Enter here costs relating to repair and maintenance of business assets which are used in the activities. Work which results in the business asset being in a better condition than previously is not to be considered as maintenance. The costs for such work are considered an accrued cost and shall be capitalized. If the company has received payment from an insurance policy etc. to cover any repairs, the amount received must be deducted before the cost is entered. Enclose a separate itemization of the calculations as well as information on any insurance payments due. Provisions for future repairs and maintenance are not deductible. Item 13 Rental costs Enter here rental costs for equipment which the company utilizes purely on a rental contract. Rental costs for equipment hired from subcontractors who mobilize personnel to the Norwegian Continental Shelf/in Norway in connection with this shall be entered in their entirety under item 16a. In the case of financial leasing the leaser (user) of the equipment is considered to be the owner for the leasing period and this will be treated as a purchase, with payment of the purchase price made in instalments. The purchase price is the total lease price during the leasing period, minus a proportion of the leasing price which must be considered as interest and any assigned residual value. As with normal purchase, the purchase price is capitalized and depreciated like any other purchase, cf. item 20. Item 14 Insurance Enter here insurance expenditure in connection with the activities on the Norwegian Continental Shelf/in Norway. Item 15 License premiums, royalties Enter here costs of licenses and royalties in connection with individual activities on the Norwegian Continental Shelf/in Norway. Item 16a Consultants/subcontractors and third parties that have performed work on the Norwegian Continental Shelf/in Norway This item includes all costs relating to such consultants and subcontractors. Rental costs for equipment hired from subcontractors who mobilize personnel to the Norwegian Continental Shelf/in Norway in connection with this shall also be entered in their entirety under this item. If the company has a deviating tax year, please indicate on a separate sheet those costs which relate to individual subcontractors for the calendar year. Item 16b Other consultants/subcontractors Enter here costs which relate to consultants/ subcontractors where the work was not performed on the Norwegian Continental Shelf/ in Norway. Item 17 Other direct costs Enter here direct costs which are not entered under the other items, including net loss from RF-1221 (partnership). Costs relating to servicing and guarantee arrangements should also be recorded here. Provisions for guarantee and servicing costs are not tax-deductible. Item 18 Capitalized costs: Work-in-progress at the beginning of the accounting year and Workin-progress at the end of the accounting year This item concerns companies who apply the Contract Completion Method to fabrication contracts. By the term fabrication contract we mean a contract to produce or manufacture something, to construct plants/installations etc at a fixed price and the company who apply the Contract Completed method has profit responsibility for the contract. method. Documentation of the basis for depreciation must be enclosed the tax return. Companies not resident in an EEA country have to calculate the depreciation according to the straight-line method, unless the relevant asset is expected to be used here for at least four years without interruption, in which case the declining balance method can be applied, cf. the Tax Act sections 14-62 and 14-63. Depreciation rates must be in accordance with the regulation of 19th November 1999 no. 1158 section 14-62. There is a separate box on page 4 of the Extract of Accounts for detailing straight-line depreciation. See also the comments below. Item 21 Indirect costs Enter here costs which are distributed to the permanent establishment by an indirect method. The distribution of indirect costs shall show which costs are included as well as the distribution principles employed. There shall also be an explanation of the distribution principles used, including how charges/credits are distributed amongst the individual companies or associated companies. Item 22 Financial and interest costs You may enclose information on how financial and interest costs are calculated .Interest on assessed tax is not deductible on the income assessment and shall not therefore be included here. Item 27 Profit/loss Profit for limited companies is recorded under item 201 of the tax return RF-1028, and profit from offshore activity under item 210. Loss from activity onshore is to be recorded under item 222 of the Tax Return, and from activity offshore under item 225. The costs relating to such contracts shall be entered as they are incurred in the relevant boxes of the Extract of Accounts. Work-inprogress at the beginning of the accounting year will be the sum of direct costs relating to fabrication contracts which are not complete at the beginning of the accounting year (item 18a). Work-in-progress at the end of the accounting year will be the sum of direct costs relating to fabrication contracts which are not complete at the end of the accounting year (item 18b). The entry in item 18a and 18b will ensure that the compulsorily capitalized proportion of the costs will not be taken as a deduction until the contract is completed and recorded as income, cf. item 3. Losses carried forward Losses carried forward from previous years must be stated in the tax return RF-1028, cf. item 232 and item 280 to item 285, or as an attachment to the Extract of Accounts. Item 20 Depreciation Assets used in activities taxable to Norway and owned by a company resident in an EEA country must be depreciated by the declining balance method. The depreciation must be calculated proportionally for that part of the year the asset became subject to/ceased to be subject to the Norwegian tax jurisdiction. The basis for depreciation will be determined from historic cost reduced by the owner’s maximum depreciation value up to 1 January the year the asset is in the Norwegian tax jurisdiction. If such transfer is made, the form RF-1109 have to be filed as an enclosure to the tax return. Form RF-1084 Depreciation has to be submitted when using the declining balance Item 28 Transfer of assets and financial obligations out of Norwegian jurisdiction (Exit taxation) Capital gain tax may be levied due to the transfer of assets and financial obligations out of Norwegian jurisdiction. Correspondingly, losses may be deducted. Exit taxation is applicable, for instance, when assets are moved out of Norway, or the business’ tax liability to Norway is ceased. Page 4 Boxes which refer to straight-line depreciation cf. item 20. Companies and other entities resident in the EEA must use the declining balance method for calculating depreciation for assets used in Norwegian taxable activity. Depreciation calculated after the declining balance method has to be specified in form RF-1084 Depreciation and not in item 20 in this form. Page 3 Item 20 must be completed if deductions are claimed for depreciation of business assets which shall be depreciated in accordance with the straight-line method pursuant to the Tax Act section 14-62. Groups for straight-line depreciation are: Group a: Office equipment, tools, office accessories etc. Group b: Mainframe computers, servers and similar computer systems, equipment, inventory, vehicles, road trailers etc., mobile and fixed equipment and material provided that the cost of the business asset is less than NOK 2 million. Group c: Mobile and fixed equipment and material , including diving equipment, welding plant, cranes, pumps, compressors etc. provided that the cost of the business asset is at least NOK 2 million. Group d: Aircraft, helicopters etc., special vessels used in the oil sector such as diving vessels and ROVs. Group e: Ships and vessels which do not belong in group d, including passenger ships and freighters built for special trade, pipe laying vessels, rigs, flotels and barges. Item 20.04 Type of business assets involves a short description of the asset in question pipe laying vessel, drilling rig, computer equipment etc. Capitalized costs related to improvements shall be depreciated separately over the asset’s remaining lifetime. If these improvements are so extensive that the asset appears to be new, both the improvement costs and the residual value of the original asset must be recorded in a new column to be depreciated together. The figure in the new column will then be depreciated as if the asset were new. The dates when the asset became subject to/ ceased to be subject to Norwegian tax legislation as well as the total number of days on the Norwegian Continental Shelf/in Norway shall only include those dates and the number of days which apply to this year’s depreciation. Item 20.17 Hypothetical depreciation outside of Norwegian tax legislation means estimated depreciation in accordance with Norwegian regulations on straight-line depreciation for periods the business asset has not been subject to Norwegian tax legislation. Item 20.18 Residual value at the end of the year but before depreciation means the remaining part of the historical cost price after deductions for previous year’s actual depreciation whilst subject to Norwegian tax legislation, hypothetical depreciation whilst outside of Norwegian tax legislation. Under item 20.20 Total depreciation this year, enter this year’s depreciation pursuant to the Tax Act Section 14-62, as if the business asset were subject to Norwegian tax legislation for the entire year. Item 20.22 Residual value at the end of the accounting year is arrived at after deductions for the year’s actual and hypothetical taxrelated depreciation. Signature The form must be signed by the taxpayer/board of directors or chairman. cf. the Assessment Act section 4-5 no. 5. If the company is obliged to have its accounts for the Norwegian activity audited by a Norwegian auditor, the form must be signed by the auditor. Further information and forms may be obtained from: Skatteetaten Central Office - Foreign Tax Affairs P.O. Box 8031 N-4068 STAVANGER NORWAY Tel: +47 51 96 96 00 Page 4 Fax: +47 51 96 96 96 E-Mail: sfu@skatteetaten.no Information and forms are available at: www.taxadministration.no and www.taxnorway.no