Central Office – Foreign Tax Affairs Tax Topic no 12 – Year of income 2016 Unofficial translation COMMUTERS WHO TRAVEL BETWEEN NORWAY AND HOME ABROAD Applicable rules for commuters who travel between home abroad and Norway. The rules are applicable for taxpayers with global tax liability pursuant to the Tax Act § 2-1) or limited tax liability pursuant to the Tax Act § 2-3 (1) letter d or § 2-3 (2). Right to claim personal- and family-related deductions for taxpayers with limited tax liability to Norway A person resident in another EEA-state may be treated as a resident in Norway for tax purposes provided that 90 % of all income from work, pension or other activity is taxable to Norway. Income from both spouses is included in case of marriage. The taxpayer may choose between deduction for actual costs or a 10 % standard deduction on certain conditions. See Tax Topic no. 4. 1. Deduction for commuter costs The rules for commuter costs are changed from the year of income 2014, see the Tax Act § 6-13. Deduction is applicable for taxpayers worldwide subject to documented commuter status. Deduction may only be releavnt in relation to taxable income to Norway. Conditions for commuter status: Spouses or live-in partners with family resident abroad are required to document family relations and address of joint residence abroad. Single persons aged 21 or below may claim expenses incurred when working away from home provided documentetd connection to residence abroad. Single persons aged 22 or above may not qualify if they have a self-contained house or flat in Norway. A self-contained house or flat is defined to be at least 30 square metres, and the residence has to be at the employee’s disposal for at least one year. If more than one person share a housing unit, further 20 square metres must be added per person. Any housing-unit with 7 persons or more, is not considered to be a self-contained house/flat. Documentation of the property’s square metres is required. Married person with family resident abroad and single persons aged 21 or below are required to visit their home abroad regularly. The same applies for live-in partners with children. Single persons aged 22 or above are required to visit their home abroad every third week. 2. Deduction for private travel, employment travel and business travel The rules regarding travel between home and the work place (the Tax Act § 6-44), and commuter travel (the Tax Act § 613), have been changed from the year of income 2014. The distinction between commuting travel and business travel will be significant for the taxation aspect regarding the employer’s payment of travel expenses. Business travel can be covered completely tax-free by the employer, provided that the payment does not exceed the real costs. This applies whether the payment is made directly (reimbursement against original vouchers) or through an expense allowance provided by the employer. This is independent of the employee being granted the 10 % standard deduction. The employer’s coverage of expenses related to commuting travel is, on the other hand, fully taxable if the taxpayer chooses to claim the 10 % standard deduction. 521 Business travel The travel is mainly made in the interest of the employer, which means that the travel is connected with the profession and is for the purpose of carrying it on. For those who meet the conditions that apply to commuter status, the first and last travel between the home abroad and Norway are regarded as business travels. Which travels that are regarded as «the first» and «the last», must be considered in each case. Postal address P.O Box 8031 N-4068 Stavanger Norway Office address See www.taxnorway.no or call +47 51 96 96 00 E-mail: [email protected] Telephone +47 51 96 96 00 Fax +47 51 96 96 96 Commuter travel A travel between home abroad and home in Norway. The travel is mainly made in the interest of the employee. The employer must decide whether the travel is a commuting travel or a business travel and withhold taxes accordingly. Choice of gross-deal or net-deal method Gross-deal method All expenses paid by the employer covering board, lodging and travelling to a home abroad, are liable to taxation. If the employee has had free board and lodging at his/her disposal while working in Norway, the taxable benefit is NOK 87 per 24 hours (board) and NOK 33 per 24 hours (lodging). The taxpayer may choose between deduction for actual costs or a 10 % standard deduction on certain conditions. The deductible amount will be reduced with NOK 22 000 as regards to travelling expenses. Net-deal method Expenses paid by the employer covering board, lodging and travelling are not liable to taxation with the exception of any surplus from allowances received. If the employee has had free board at his/her disposal while working in Norway, the taxable benefit of saved food expenses at home is NOK 87 per 24 hours. The employee can claim a deduction for expenses covered by himself/herself. In addition he/she can claim personal and family related expenses, as explained above. With regard to travelling expenses, the amount deductible will be reduced with NOK 22 000. The 10 % standard deduction is not applicable under the net-deal method. January 2016 Postal address P.O Box 8031 N-4068 Stavanger Norway Office address See www.taxnorway.no or call +47 51 96 96 00 E-mail: [email protected] Telephone +47 51 96 96 00 Fax +47 51 96 96 96
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