VAT, VOEC and Reverse Charge when selling services in Norway

VAT, VOEC and Reverse Charge when selling services in Norway

In this guide, you’ll be provided with an overview of the Norwegian VAT treatment of cross-border sales, including when foreign suppliers must register for VAT, how the VOEC scheme works for B2C sales and when the reverse charge mechanism applies to B2B transactions.

This article is part of our Doing Business in Norway guide.

Introduction

If you are a foreign company looking to sell services to customers in Norway, understanding the local Value Added Tax (VAT) rules are essential. Although Norway is not an EU member, its VAT system operates on similar principles, primarily guided by the destination principle. This means that services consumed in Norway are generally subject to Norwegian VAT.

This article provides a practical overview of how to treat VAT when selling services to Norway, highlighting the crucial distinction between business-to-consumer (B2C) and business-to-business (B2B) sales, the VAT on E-Commerce (VOEC) scheme, and when the reverse charge mechanism applies.

B2C sales and the VOEC scheme

When selling remotely deliverable services to private individuals and non-business customers in Norway (B2C), foreign suppliers must collect and pay Norwegian VAT once their total sales exceed the threshold of NOK 50 000 within a 12-month period.

To simplify compliance, Norway offers the VOEC scheme.

What is VOEC?

VOEC is a simplified registration and reporting system designed for foreign suppliers who have no registered business address or residence in Norway. It allows you to collect Norwegian VAT at the point of sale and report it quarterly, avoiding the administrative burden of an ordinary VAT registration.

The VOEC scheme applies to:

  • Remotely deliverable services: This includes digital services, software, streaming, and consulting that can be delivered from abroad.
  • Low-value goods: The scheme also covers the sale of physical goods valued below NOK 3 000 per item.
How to register for VOEC

The simplified registration, reporting, and payment processes take place entirely online through the Norwegian tax administration’s portal (Nw. “Skatteetaten”). The foreign enterprise has to create a user profile and the portal allows you to share data with up to five users in your organisation and communicate directly with the tax authorities. Once registered, you will be assigned a unique 7-digit VOEC identification number.

Important VOEC Limitations:

  • No deductions: VOEC is a “pay only” scheme. You cannot claim deductions for VAT expenses incurred in Norway through this registration.
  • Domestic businesses excluded: The scheme is strictly for foreign entities as highlighted in recent case law like the Boozt and Ifi OY cases The Boozt-decision shows that Norwegian-language websites, terms and customer communication are not, by themselves, enough to deny VOEC registration. Where the webshop serves several countries, has no Norwegian establishment, and ships goods from abroad to Norwegian consumers, the business will not necessarily be considered sufficiently adapted to the Norwegian market to require ordinary VAT registration.

B2B sales and the reverse charge mechanism

The rules shift significantly when you sell services to businesses or public sector bodies in Norway (B2B). The VOEC scheme cannot be used for B2B sales. If a Norwegian business provides you with its 9-digit organisation number, you should not charge them Norwegian VAT.

The reverse charge mechanism

Instead of the foreign seller charging VAT, Norway applies the reverse charge mechanism (Nw. “omvendt avgiftsplikt”) for B2B sales of remotely deliverable services.

Under this mechanism:

  • The liability to calculate and report the VAT is shifted from you (the foreign supplier) to the Norwegian buyer.
  • The Norwegian business will calculate the VAT and report it on their own domestic VAT return.
  • You simply issue your invoice without Norwegian VAT, typically noting that the reverse charge mechanism applies.

This process greatly reduces the administrative burden for foreign companies, as it entirely removes the need for you to register for VAT in Norway for these specific transactions.

Defining “remotely deliverable” services

For the reverse charge to apply, the service must be “remotely deliverable.” This broadly covers services where the execution is not inextricably tied to the physical location of the recipient. The Norwegian Supreme Court has clarified the scope of remotely deliverable services, including that the leasing out of labor (hiring out personnel) constitutes a remotely deliverable service, meaning it falls under the reverse charge rules when provided by a foreign supplier to a Norwegian business.

Summary checklist for foreign sellers

To ensure compliance when selling services to Norway, follow this basic checklist:

(1) Determine your customer
  • Are you selling to a consumer (B2C) or a business (B2B)?

(2) For B2B Sales
  • Obtain the buyer’s 9-digit Norwegian organization number.
  • Do not charge Norwegian VAT.
  • Apply the reverse charge mechanism (the buyer handles the VAT).
(3) For B2C Sales
  • Monitor your sales volume.
  • Once your B2C sales to Norway exceed NOK 50 000 in a 12-month period, you must register for VAT.
  • Register in the VOEC portal to simplify your VAT collection and quarterly reporting.

Next steps

Navigating cross-border VAT regulations can be complex and ensuring that you are using the correct registration form requires careful assessment of your specific business model.

At Brækhus, our specialised indirect tax and accounting team possesses deep expertise in Norwegian VAT law. Whether you need assistance determining if your services qualify as remotely deliverable, guidance on registering for the VOEC scheme, or representation in dialogue with the Norwegian Tax Administration, we are here to provide practical and tailored solutions to your needs. Contact us today to ensure that your entry into the Norwegian market is compliant.

VOEC Norway: VAT Compliance Guide for E-Commerce Companies

e-commerce

VOEC Norway: VAT Compliance Guide for E-Commerce Companies

The VOEC scheme is a simplified VAT system for foreign e-commerce businesses and digital service providers selling to Norwegian consumers. It streamlines the process of calculating, reporting, and paying VAT on low value goods and electronically delivered services, with a registration threshold of NOK 50,000. This guide explains the registration requirements, exemptions, and record-keeping obligations under VOEC.

Summary

  • VOEC is a simplified VAT scheme for non-established suppliers of remotely deliverable services and/or low value goods to Norwegian consumers.
  • Registration is required if sales exceed 50,000 NOK, but voluntary registration is possible before reaching this threshold.
  • The scheme applies to remotely deliverable services (including electronic services) and low value goods (under 3,000 NOK per item).

Introduction to VOEC

VOEC is a simplified VAT scheme for non-established suppliers providing remotely deliverable services and/or low value goods to consumers in Norway. Registered suppliers are required to calculate, report, and pay VAT under this scheme.

Scope and Registration Requirements

The VOEC scheme is similar to the EU IOSS scheme and is based on OECD principles. Under the VOEC register, registered foreign entities must submit quarterly returns and pay VAT. The registration threshold is NOK 50,000; however, voluntary registration is permitted before this threshold is reached. Suppliers registered under the VOEC scheme are not entitled to deduct input VAT.

Read more: Brækhus Nominated for «Indirect Tax Firm of the Year» by ITR EMEA Tax Awards

Key Clarifications and Responsibilities

The VOEC scheme is an alternative to ordinary VAT registration. If private individuals have previously imported goods and paid import VAT, it is now required that the foreign non-established supplier collects VAT at the point of sale and reports it to the Norwegian tax authorities.

It is important to clarify who is required to register in the VOEC register. Often, a marketplace operator or intermediary, rather than the seller itself, is regarded as the supplier for Norwegian VAT purposes. According to the VAT Act, if remotely deliverable services are supplied to consumers through a “provider,” the provider is considered the supplier and must register in the Norwegian VOEC register and report VAT.

Record-Keeping Requirements

All suppliers registered under the VOEC scheme are required to maintain transaction records for supplies covered by the scheme. The transaction record should include data such as the date of supply, currency, taxable amount, VAT amount, and other relevant details.

Read more: Brækhus’ expertise in tax and VAT

Do you have any questions about VOEC or need assistance? Fill out the form or get in touch with us directly today.

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Brækhus Nominated for «Indirect Tax Firm of the Year» by ITR EMEA Tax Awards

Brækhus Nominated for «Indirect Tax Firm of the Year» by ITR EMEA Tax Awards

Brækhus has long been a leading player in the field of indirect tax in Norway. The nomination for «Firm of the Year» highlights that our expertise is being recognized internationally.

The nominations for the International Tax Review (ITR) EMEA Tax Awards have recently been announced, and we are proud to share that Brækhus, which has been ranked in Tier 1 for several years within Indirect Tax, has this year been nominated for «Firm of the Year» in in the Indirect Tax category.

We greatly appreciate this recognition, which is largely based on the positive feedback we have received from our clients and partners.

Read more about the nominations here.

Our lawyers are recognised by The Legal 500

Our lawyers are recognised by The Legal 500

Each year, law firms around the world are assessed and ranked by Legal 500. The rankings are based on feedback from clients and other market research. This year too, Brækhus is ranked as a Leading Firm.

In this year’s edition of Legal 500, a number of our lawyers, spread across various fields of expertise, receive recognition for their specialist skills.

Partners Alexander Mollan and Julius Berg Kaasin also achieve individual rankings and are ranked in the category ‘Next Generation Partner’. Alexander is recognised for his in-depth expertise in the field of TMT, and Julius is recognised for his expertise in the field of Intellectual Property.

We are pleased to observe that the fields in which we receive recognition by The Legal 500 represent core business areas for Brækhus. This underline our strong competence environments.

This is what some of our clients say about us:

Highly competent, proactive and we were involved well along the way

Our experience with Brækhus is that they always seek the right expertise from the right person so that challenges and problems can be highlighted quickly. This means that the right solutions are chosen in a short time

A very nice, friendly, cooperative and resolutive team. They are always willing to help and support you in your cases, propose alternative ideas and solutions, and be honest and clear about your situation

An extremely high level of expertise, insight and experience that we as clients can capitalise on. Not least very quick responses to inquiries

Brækhus is ranked at the top in this year’s ITR World Tax

Brækhus is ranked at the top in this year’s ITR World Tax

Brækhus has again achieved excellent rankings in International Tax Review World Tax for Indirect Tax, General Corporate Tax, Tax Controversy and Transactional Tax

International Tax Review World Tax has published this year’s edition of “The Comprehensive guide to the world’s leading tax firms”. We have received a top ranking for Indirect Tax (Tier 1), and very good rankings for General Corporate Tax (Tier 2), Tax Controversy (Tier 2) and Transactional Tax (Tier 3).

The rankings are based on extensive market analysis and feedback from clients and legal colleagues worldwide. We greatly appreciate the positive feedback we have received from both clients and peers, as these have been instrumental in achieving this recognition.

It is very inspiring that our clients recognize the work we do. This confirms that our strategy built on specialization and industry knowledge works

Nils Eriksen, Head of Tax and VAT in Brækhus

Our lawyers have been recognised in Legal 500 2023

Our lawyers have been recognised in Legal 500 2023

Our lawyers have been recognised in the 2023 edition of Legal 500, a comprehensive global guide to law firms. Each year, Legal 500 evaluates and ranks law firms worldwide based on client feedback and market research. In this year’s edition, Brækhus has been ranked as a Leading Firm.

15 of our lawyers across 6 practice areas have been acknowledged in this year’s edition of Legal 500. Associate Partner Alexander Mollan has been named ‘Next Generation Partner’ for his expertise in the TMT (Technology, Media, and Telecommunications) practice area.

The recognized practice areas are fundamental to Brækhus’ core business, and we take great pride in being highlighted by Legal 500 for our strong expertise in these areas.

Our firm has been ranked in the following practice areas:

What our clients say about us:

Quick response rate. Clear recommendations. Efficient use of resources. Close follow-up.

Very diverse and competent team with international knowledge and a very service-minded approach.

Takes a holistic approach, and guides on commercial aspects to make sure nothing falls between the cracks.

No fuss, straight to the point. Great people to work with. Delivers results.

Brækhus recognised by ITR World Tax 2023

Brækhus recognised by ITR World Tax 2023

Brækhus’ Tax Practice has again received good rankings in ITR World Tax.

As in previous years, we have received good rankings for Indirect Tax (Tier 2), General Corporate Tax (Tier 3) and Tax Controversy (Other notable). We would like to thank clients and peers for the recognition of Brækhus.

Nils Eriksen, who heads our Tax and VAT practice, is “highly regarded”, with his 30  years of indirect tax and extensive international experience. Nils has recently co- authored the commentary to the Norwegian VAT Act.

“It is inspiring that our clients recognize the work we do. This confirms that our strategy built on specialization and industry knowledge works”, says Nils Eriksen.

Brexit for British businesses and employees – important information

Brexit for British businesses and employees – important information

The United Kingdom officially left the EU on 31 January 2020. A withdrawal agreement with Norway until 31 December 2020 has secured that much has remained the same, but from 1 January 2021 special regulations applicable only for EU/EEA citizens and businesses will in general no longer apply for British citizens and businesses operating in Norway. Here is important information relevant to British businesses or individuals operating and working in Norway.

Immigration

The freedom of movement for EU/EEA citizens to the UK, and UK citizens within EU/EEA, ends from 1 January 2021.

British citizens and their family members who want to live, work, or study in Norway after 31 December 2021 must apply for a residence permit under the ordinary immigration regulations applicable for nationals from countries outside the EU/EEA.

British citizens who are temporarily posted workers to Norway by their UK employer (service provider) will lose their rights to work in Norway from 31 December 2020 and must have a valid residence permit to continue the assignment from 1 January 2020.  This also applies to workers who started their work assignment in Norway before 1 January 2021, and the assignment cannot be continued until a residence permit has been issued. They can stay in Norway until they have received an answer to the application but cannot work.

The requirements for obtaining a residence permit for non-EU/EEA citizens include minimum requirements for both wages and the employees’ skilled competence.

The current waiting time for processing the application is indicated to 8 weeks.

Exemptions:

British citizens and their family members who already have a right of residence in Norway as an EU/EEA citizen before 1 January 2021 will uphold the right after the transition period has ended.

British citizens employed by and working for a Norwegian employer, while commuting between the workplace in Norway and the place of residency in the UK (frontier workers), will retain the right of residence under the EU/EEA regulations scheme also after the transition period ends if the right were established by 31 December 2020.

A new type of residence permit will be issued for these individuals, and a portal for registering for the new resident permit will open on 4 January 2021. The application must be submitted by 31 December 2021. Meanwhile, they can continue to stay and work in Norway.

British citizens employed by an employer in another EU/EEA state can still work in Norway under the simplified EU/EEA scheme if they have a valid resident permit/ work permit in the EU/EEA state where they are employed.

For some specific work activities, the requirements for a work permit may be lifted. This depends on the nature of the work and how long the employee stays in Norway each time. For instance, if specific requirements are met, a residence permit may not be necessary for offshore workers.

British citizens will be able to travel for holidays and other short trips for up to 90 days within a 180 day period without a residence permit or visa. Work is in general not allowed during such visits.

Please note that various restrictions upon entering Norway are currently in place due to Covid-19.

Employer payroll reporting obligations

Brexit does not have any impact on British’ employers payroll reporting obligations for their workers in Norway, these remain the same after the transition period ends.

Social security

The EU / EEA rules and regulations for coordination of social security will not apply for cross border work between Norway and the UK from 1 January 2021.

An exemption has been agreed for employees already posted to Norway or the UK before 1 January 2021. A1 forms issued for these individuals will be valid until their end dates and can be prolonged within the current EU /EEA regulations. This requires that no significant change to the employees’ contract or other circumstances relevant for the initial issuance of the A1 form occurs.

For employees posted after 31 December 2020, Norway and Britain have agreed upon a temporary agreement on social security. This is mostly based on the old social security agreement from 1990, and have provisions regulating which of the two countries’ social security scheme a cross border employee should be covered by. Employees who are posted by their employer in the UK can through this agreement apply for the continuance of UK social security, and thereby be exempt from paying social security contributions to Norway, for assignments up to 3 years maximum.

Further clarification on specific details for the application processes is not yet in place.

Income tax

Income tax is not part of the EU/EEA agreement but rather regulated by the state’s domestic tax regulations. The tax treaty between Norway and the UK is not affected by Brexit. There are, however, several provisions of the domestic tax law that allows more beneficial taxation for citizens or corporations resident within the EU/EEA states. Once the transfer period ends on 31 December 2020, the following changes are likely unless any exemptions are granted:

Corporate tax:

  • Dividends paid from Norwegian companies to UK companies will be subject to withholding tax.
  • The temporary payment deferral of exit tax for cross border transfer of assets and liabilities will no longer apply. Losses related to exit to the UK will no longer be deductible, and tax credits in Norway will not be granted.
  • UK resident companies may not render and receive group contributions with tax effect.
  • Companies resident in the UK will be treated as third-country when applying the Norwegian CFC rules.
  • Upon cessation of tax liability to Norway, UK companies will have to settle their tax depreciation accounts. This also applies to UK resident companies that merge or demerge with a Norwegian company.

Personal income tax:

  • The 90% rule will no longer be applicable for UK individuals with limited tax liabilities to Norway.
  • Employees who are commuters for tax purposes must expect an increased frequency of home trips to the UK to maintain the commuter status. Unmarried employees who do not live with children they support in the UK must expect to have on average a home trip every three weeks. If the frequency of home trips and other requirements for commuter status is not met, the employee will not be able to claim a tax deduction for accommodation and home trips, or alternatively, if this is paid by the employer, it will be taxable.
  • Payments of capital insurance from an insurance company in the UK will be taxable for tax residents in Norway.
  • Individuals moving from Norway to the UK with latent taxable gains on shares subject to exit tax must furnish adequate security for the tax amount upon cessation of Norwegian tax residency.
  • Personal taxpayers living in the UK will not be able to open a Share Savings Account in Norway after 31 December 2020. Furthermore, it will no longer be possible to invest in British shares through the Share Savings Account after 31 December 2020. Existing investments in British shares can remain on the account.

VAT

On 18 December 2020 Norway adopted a Regulation on VAT registration by representative to prevent negative consequences for businesses established in the United Kingdom as a result of Brexit. The regulation entered into force with immediate effect.

In effect the regulation treats businesses established in the United Kingdom, with no place of business in Norway, but required to be VAT registered in Norway, on equal footing with businesses established in the EU/EEA also after the transitional period ending on 31 December 2020. The implications of this are that there is no requirement for such businesses to change their current registration. Neither will Norwegian VAT representatives be jointly and severally liable for VAT amounts or meeting VAT related bookkeeping requirements.

The regulation applies only to businesses established in the United Kingdom and already VAT registered in Norway either directly or through a VAT representative on 31 December 2020. From 1 January 2021, businesses established in the United Kingdom with no place of business in Norway, will therefore have to register through a Norwegian VAT representative who will be jointly and severally liable for the VAT amounts and meeting VAT related bookkeeping requirements. The Ministry of Finance has, however, announced that they will initiate work with a view to further change the relevant VAT legislation in this area. Bearing in mind the “reciprocity principle”, and that the United Kingdom is not requiring Norwegian established businesses to register through a VAT representative in the United Kingdom, we would not be surprised if such upcoming changes would mean that Norwegian VAT representative requirements for businesses established in the United Kingdom would be abolished also for such businesses registering after 31 December 2020. We would welcome such changes as soon as possible.

Other

It is a requirement that the general manager and at least half of the board members in private limited companies, public limited companies and cooperatives registered in Norway is either resident in Norway or both citizens of and resident in an EU/EEA State. From 1 January 2021 British citizens resident in the EEA or the United Kingdom and EU/EEA citizens resident in the United Kingdom will not meet the legal requirements mentioned above. Those affected may however apply for an exemption from the rules. The Ministry of Trade, Industries and Fisheries has prepared a standardized application form, which may be sent by e-mail to the Ministry postmottak@nfd.dep.no.

The ministry will seek to process all applications before 31 December 2020. Depending on the outcome of the free trade agreement negotiations, the government will also consider amending the legislation to extend EU/EEA treatment to the UK.