Norway: change in statute of limitations
As of 1 January 2017, the Norwegian statute of limitations has been extended to 5 years for the filing of withholding tax (“WHT”) reclaims.
Until recently, two statute of limitation periods were applied with respect to WHT reclaims in Norway: from the administrative practice’s point of view, the time limitation period of 3 years was applied, but the legal time limitation period of 1 year also existed. These periods were calculated as of 1 January of the year following the dividend distribution.
From January 2017 onwards, WHT reclaims should be filed within the new 5-year limitation period. The new time limitation period begins after the end of the assessment year during which the dividend payment has taken place, based on the Norwegian Tax Administration Act.
Under the new legislation, claims concerning WHT suffered during years 2012 to 2016 can be filed until 31 December 2017. For instance, if the dividend payment day is 14 February 2012, the new 5-year period started on 1 January 2013 and ends on 31 December 2017.
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