Norway’s tax system for individuals is characterised by progressive income tax, a net wealth tax, and no inheritance or gift tax. Individuals pay up to approximately 47% combined income tax on salary and capital income (ordinary income tax 22% plus bracket taxes) depending on income level. Furthermore, Norway has a net wealth tax, levied annually on an individual’s global net assets above a threshold of NOK1.7 million for singles and double for couples. The wealth tax rates are 0.85% (municipal and state tax on net wealth up to approximately NOK20.7 million), and 1.1% on wealth beyond that amount. The value of the assets is set differently by tax rules.
Companies do not pay wealth tax. There are no estate, inheritance or gift taxes in Norway. Norway does not impose a separate generation-skipping transfer tax.
Other relevant taxes include municipal property taxes from 0.1% to 0.4% of property value, based on each municipality’s discretion.
Overall, the tax regime relies on income and wealth taxation rather than transfer taxes.
Since Norway has no inheritance, estate or gift tax, there are no specific tax exemptions for transfers by death or gift. Gifts and inheritances pass tax-free to the recipient.
Norway follows the “continuity principle”, therefore the recipient also inherits the donor’s tax basis on the assets, with some modifications.
Norway’s tax system provides some planning opportunities, although the “continuity principle” limits classic basis step-up strategies. Under continuity, if assets are given as gifts or passed to heirs at death, the recipient takes over the donor’s tax basis. This means no automatic step-up to fair market value at death or gift – unrealised capital gains carry over to the heir.
There are a few planning opportunities that can be mentioned for properties.
Regarding shares, dividends and gains on shares, they are largely tax-free in companies. The income is taxed only when funds are withdrawn to a personal shareholder, who pays dividends at an effective rate of 37.84%. Most individuals with significant wealth therefore choose to keep their investments in a company, allowing the value to grow within the company and deferring tax until the value is withdrawn privately. To keep the shares in the company, individuals tend to restructure to gain a holding company with family owners or share companies and thereafter share equally between heirs, without paying any realisation tax.
Values may be transferred tax-free between spouses, which can be used to reduce the tax burden by fully utilising both spouses’ basic deductions. However, transferring to either spouse has disadvantages, and it is seldom used in Norway.
In addition, Norway has certain tax-preferred savings opportunities in pension products and special savings accounts. These instruments are intended for long-term savings.
Norway taxes real estate located in Norway regardless of the owner’s residence or citizenship. Rental income from Norwegian property earned by non-residents is subject to Norwegian income tax.
Capital gains on the sale of Norwegian real estate by a non-resident owner are also taxable in Norway. However, if a non-resident individual owner meets the same conditions as residents for tax-free sale (eg, selling a primary residence after sufficient occupancy period), that exemption applies equally. Norway does not impose withholding tax on property sale gains, but the seller must report and pay any applicable tax.
Non-residents are generally not subject to Norway’s net wealth tax, meaning ownership of Norwegian property by a foreign resident does not trigger wealth tax. The municipal property tax (0.1%–0.4%) applies to the property itself, regardless of ownership.
Upon purchasing real estate, the buyer pays a document fee to the state of 2.5% of the property’s value.
Generally, Norway’s tax laws have remained relatively stable, with gradual adjustments rather than major overhauls. However, high net worth individuals continue to keep a close watch on specific areas where changes are emerging. The repeal of the inheritance and gift tax in 2014 marked a significant one-time change in Norway’s tax regime. This was subsequently followed by the introduction of the continuity principle, which has remained in place since.
In recent years, the primary developments in Norwegian tax policy have centred on adjustments to rate and valuation rules. For example, during 2022–23, the upper rate of the net wealth tax was increased to 1.1% for wealth exceeding approximately NOK20 million. At the same time, valuation discounts for shares and secondary homes were reduced. These measures reflect a clear policy shift towards increasing the tax burden on high net worth individuals.
As a result, there has been a noticeable trend of wealthy individuals relocating abroad, particularly to Switzerland. This movement suggests that concerns about future tax increases or the possible reintroduction of estate tax are influencing decisions among this group. As of 2025, notable changes include a new Exit Tax for those emigrating (imposing tax on latent gains in shareholdings) – making the situation even worse for many individuals.
Norway is an active participant in international tax transparency initiatives and has taken steps to close loopholes. Norway has implemented the OECD Common Reporting Standard (CRS), requiring Norwegian financial institutions to report foreign account holders to their home countries, while Norway receives information on offshore accounts held by Norwegian taxpayers.
Norway has an intergovernmental agreement with the US to implement FATCA, requiring Norwegian banks to disclose accounts held by US persons.
Although Norway is not an EU member, it voluntarily aligns with many EU standards. For example, Norway has implemented national rules similar to the EU’s DAC6, requiring the mandatory disclosure of aggressive cross-border tax arrangements.
Norway maintains a public beneficial ownership register (the “Register of Beneficial Owners”), requiring companies and certain legal entities to disclose their ultimate beneficial owners. This register enhances corporate transparency by making ownership information publicly accessible, thereby supporting anti-money laundering measures and tax compliance.
Norway has general anti-avoidance rules in its tax legislation to target perceived abuses. In 2020, a general anti-avoidance principle was codified to allow the disregarding of arrangements with no primary purpose other than tax avoidance.
Norwegian succession planning is shaped by small family structures, few wealthy families, and strong traditions of equality, gender equality and transparency. Norwegian families are typically small, with few children, and there is a strong cultural norm of treating children equally in inheritance. The Inheritance Act reflects this equality by enforcing forced heirship (children have fixed inheritance rights), which means that most families do not have large estates to bequeath freely, while wealthy families have more extensive testamentary freedom.
When family assets are concentrated in a business, it is common in Norway for one child to take over the business, while the other children receive more liquid or accessible assets. The older generation typically transfers ownership gradually, often retaining control of the company until their passing.
In Norway, families often seek to avoid conflict and prioritise amicable solutions when distributing assets upon death. Among those who own multiple properties, it is common to own vacation homes or family cabins, many of which have been inherited through generations. There is a strong tradition of keeping such properties within the family to preserve heritage and maintain places for family gatherings.
As Norwegian families and businesses become more international, cross-border issues increasingly impact succession planning. It is common for high net worth Norwegian families to have assets abroad (eg, vacation real estate, foreign bank accounts, cars) and some have family members living in different jurisdictions.
This can create conflicts of law (different inheritance rules in different countries) and tax exposure in multiple jurisdictions. Norwegian succession plans include planning in all countries where the family has properties, resides, or has strong connections through family members, studies, or other ties as in-laws. The main rule is to include foreign wills or estate plans in the Norwegian planning to cover assets in other countries, ensuring local formalities are met and considering tax implications in countries where family members live or have strong connections.
This also includes considering different inheritance laws in case other countries have more favourable laws for the specific family. Advisers must ensure that succession plans are synchronised across jurisdictions, which may involve obtaining professional advice in each country to harmonise the plan. In summary, internationalisation brings complexity – multiple legal systems and tax regimes interact, requiring careful planning so that wealth can pass smoothly to family across borders without unintended tax burdens or legal disputes.
Norway has forced heirship rules (legally termed “compulsory inheritance” for children). Under the Norwegian Inheritance Act, two thirds of the net estate is reserved for linear heirs (children and their descendants). However, each child’s compulsory share is capped at a fixed amount: currently 15 times the Norwegian National Insurance basic amount (15G), which is about NOK1.8 million per child as of 2025. If the statutory two thirds would give a child more than this cap, the excess can be freely distributed by writing a will. Forced compulsory inheritance ensures that children cannot be disinherited beyond that limit.
The surviving spouse has also a strong inheritance right to one quarter of the estate, but this can also be capped at four times the basic amount (4G), if there are children, through a will.
The law allows flexibility to enter into agreements between parents and children. It is possible to seek advance consent from the heirs to give them less than their forced share. Adult children can consent to reduce their compulsory portion, but this must typically be done through a formal and informed process, often not easily obtained. Also, after death, heirs entitled to forced shares can voluntarily agree among themselves to alter the distribution (eg, one child may waive part of their reserved share in favour of a surviving spouse or sibling).
Norway has a special rule called uskifte, whereby the estate continues to be undivided until the longest living of the spouses passes. Uskifte applies to married couples with common children. It means that the surviving spouse can keep all assets until they later die. This also means that the inheritance will not be distributed to the children until the surviving spouse dies. Uskifte does not apply to children born outside the marriage, meaning they will receive their inheritance when their parent dies. The right to uskifte can be taken away by writing a will. For couples, it is relevant that the surviving spouse might move from Norway – to the best of the authors’ knowledge, uskifte is not acknowledged in other countries.
Norway’s default marital property regime is a form of community property (felleseie), but with an exception that has significant practical importance. By default, all assets owned by either spouse become part of the marital estate (felleseie) upon marriage. This is, as said, just a starting point, as all values brought into the marriage can be held outside the division if the spouse, at death or divorce, can document that the value of the assets at the cut-off date are the same value as those assets brought into the marriage (skjevdeling).
In addition, assets that are separate property (særeie) by agreement or received as a gift/inheritance under the condition of særeie, are also excluded from the marital estate (felleseie).
It is important to note under Norwegian law that each spouse owns and controls their own property, but at divorce or death, the value of the community property is split 50/50 between spouses.
If the couple desires another arrangement than the default, they can enter into a prenuptial or postnuptial agreement (ektepakt) and decide that certain assets are separate property either in full or in part. These agreements are valid if the formal requirements (written and signed with witnesses) are met when the agreement is made. The court might set aside a marital agreement; however, this is seldomly done.
Community property does not mean that the property is jointly owned. Whether a property is jointly owned is based on how the property was acquired. Ownership might be determined based on whether it was a gift to one or both spouses, ownership might be based on an agreement between the spouses, or the last, based on the financing of the property.
While spouses in Norway can generally manage their own property, the law places strict limits on the ability to transfer or encumber the family home or household assets without mutual agreement, reflecting a strong legal protection of the family’s living environment.
Prenuptial/postnuptial agreements are most common among high net worth individuals and are becoming more common now than before, due to the increased net worth of individuals in Norway. Business owners should regularly consider making agreements with separate property, to secure the business values in case of divorce or death.
In Norway, the division of assets between spouses upon death is determined either by the default rules of the Marriage Act or by a marriage agreement. Succession planning therefore involves assessing whether the statutory regime is sufficient or if a marriage contract is needed, followed by the preparation of wills. It is important to consider how both the marriage agreement and wills will affect the surviving spouse’s financial situation, as both documents together determine the final distribution of assets after the first spouse’s death.
In Norway, the “continuity principle” applies to the transfer of assets by gift or inheritance. This means that when property is transferred – either during the giver’s lifetime (as a gift) or upon death (as inheritance) – the recipient does not receive a “step-up” in the asset’s cost basis for capital gains tax purposes. This means the recipient (whether an heir or a gift recipient) generally takes over the giver’s original cost basis and tax position in the asset (see also 1.3 Income Tax Planning).
As Norwegian families do not pay estate or gift tax, there is no need for planning mechanisms to help transfer assets to younger generations tax-free. However, there are mechanisms that are overall tax-efficient, such as the use of holding companies to keep values and tax positions: parents may transfer investments into a family holding company (often an AS – limited company) and then either at death or gradually transfer shares of that company to children.
In Norway, transferring shares by gift or inheritance does not trigger tax, and shares in private companies are typically valued at a discount for wealth tax purposes. Parents can gradually gift shares to the next generation, allowing for tax-efficient succession of ownership and control.
Another strategy is for parents to gift property, such as a family cabin (vacation home), to their children while retaining the right to use it through a formal agreement. Since there is no gift tax in Norway, this transfer does not trigger immediate taxation. The property is removed from the parents’ taxable wealth and future estate, potentially reducing their wealth tax. If the children have lower net wealth, they may not be subject to wealth tax on the property, resulting in an overall tax saving for the family.
Life insurance and private pensions can also function as vehicles for transfer of funds: a parent might fund a life insurance policy or designated-beneficiary account that pays out to children upon death.
In summary, digital assets in Norway are part of the estate and inherited like any other asset. No special succession rules apply beyond treating them under existing property and tax law.
Digital assets, such as cryptocurrencies, are a relatively new but increasingly important aspect of Norwegian estate planning. For inheritance purposes, cryptocurrencies are treated as assets and passed to heirs without inheritance tax, but the original cost basis is retained, so any unrealised gains are taxable upon future sale. For income and wealth tax, cryptocurrencies are considered property and must be reported on the decedent’s final tax return and valued at market value for wealth tax purposes. Given that cryptocurrencies are not centrally registered or reported in Norway, it can be difficult for heirs to locate and access these assets. Owners should therefore ensure that heirs have sufficient information, including details and passwords, to identify and access any digital assets.
Email and social media accounts have usage rights but no monetary value; heirs can access them according to the policies of the companies that own the email or social media platforms. Also here, all use and possibilities to keep and store content is based on the heir’s knowledge of what accounts the deceased owned and of the passwords.
Norway has no law regulating trusts. A similar entity, a foundation called stiftelse, is regulated by law. However, there are differences between the two instruments.
Norwegian foundations (stiftelser) are separate legal entities that can hold assets and operate either for charitable purposes or for a family purpose or for business, though purely private family foundations are less common due to strict regulations requiring a socially beneficial purpose.
Wealthy individuals sometimes establish charitable foundations – for example, donating a sum of money or a collection of art to a foundation whose main goal is to fund something, say, medical research or cultural causes.
More commonly used in Norway, instead of trust, is the holding company with limited liability: families often create private limited companies to hold family investments, real estate or business interests. Even though it is not a trust, a holding company can serve similar goals – enabling consolidated management of assets, ease of transferring shares among family members, and continuity beyond the founder’s life. The ownership structure and rules are often set out in shareholders agreements, and wills give the heirs an obligation to enter into shareholders agreements as a condition for receiving inheritance in the shares.
In recent years, the use of family offices has increased in Norway. Families often establish their own companies to manage and co-ordinate their wealth, investments and succession planning. While this is a modern and practical approach to estate planning, a family office is not a distinct legal structure but rather an organisational model tailored to the family’s needs.
As stated above, Norwegian law does not recognise trusts as a legal concept.
Terms like “fiduciary” and “beneficiary” in the context of trusts do not have equivalents in Norwegian inheritance law.
When it comes to Norway, the relevant instrument is the stiftelse (foundation). In a foundation (stiftelse), once assets are donated, the founder legally cannot control the assets – the foundation’s board must follow the charter and the foundation law.
Norwegian foundation law does allow the charter to be amended under certain conditions if original purposes become impossible or outdated, but founders cannot retain powers to direct assets after the foundation is created. As Norway does not have trusts, flexibility is achieved through other legal means such as powers of attorney, family agreements, or simply retaining ownership until decision time.
One notable development, which is used widely, is the concept of fremtidsfullmakt (enduring power of attorney). It is not an estate planning vehicle per se, but allows a person to appoint someone to handle their affairs if they become incapacitated. This gives some control as the appointed person can manage assets under the terms set by the grantor, and it can include instructions that mirror wishes for changing circumstances.
The most common asset protection strategies in Norway are:
The primary tool to protect assets from division in divorce is the marital property contract (ektepakt). Business owners who have established the business during marriage will often have an agreement that the business shares are their separate property, shielding them from a 50/50 value split claim by a spouse in divorce or death. Even though an heir or child has received assets from parents (especially family homes or businesses) in a separate property decision, it might be wise to also write a prenuptial agreement where the separate property is mentioned, so that there is notoriety about the provision by the parents between the spouses, as marriage contracts can be sent and stored by the register for marriage contracts.
When it comes to creditors, Norwegians want to establish companies with limited liability and have assets in those companies, which reduces the potential risk for responsibility. In family businesses, the owner creates a holding company and subsidiaries so that any risk in the subsidiary will not affect the family business values.
It is also common to protect assets by having insurance; high net worth individuals ensure they have, among others, liability insurance to cover any claims raised against them.
Succession of family businesses in Norway is often accomplished through careful use of holding companies, share classes, and incremental transfers.
A regular structure is to create a family holding company that owns the operating business and subsidiaries. The older generation (the owner) can gift shares of this holding company to the children: as Norway does not have estate tax, gifts of shares can be given when suitable.
In families, different classes of shares are often used– for example, voting and non-voting shares, dividend and non-dividend shares – to transfer economic ownership to all children equally while allowing either the elderly owner, or one child, to retain control through voting shares.
In the authors’ experience, Norwegian families typically strive for consensus by involving all family members in succession planning and seeking solutions through family agreements. There is a strong preference to keep shares and family assets within the family, and to avoid actions that could lead to disputes or inefficient decision-making. To ensure continuity and effective management, it is also common for families to designate one child to take primary responsibility for the family business or assets.
Many families choose to give one child decision-making authority over the family business, while the other children inherit rights to dividends and possibly other assets. When the family’s wealth is held in financial instruments rather than an active business, it is more common to structure inheritances so that children can pursue separate paths and are not required to remain financially tied together.
Recently it has become more relevant for high net worth families to use management training and, through that, phased leadership transfer. It is essentially a non-legal but important part of succession, and programmes for this have also been made in the bigger financial institutions in Norway.
The older owner might start handing over day-to-day management to the heirs years in advance, while maybe staying on as a chair or adviser until they are confident the next generation can handle running the family business.
Since Norway does not have gift or inheritance taxes, the concept of applying valuation discounts for transfer tax purposes is largely inapplicable in the traditional sense. When a partial interest in a business or asset is transferred (either during life or at death), no transfer tax return is required, so there is no formal tax valuation to dispute. When it comes to real property with rights to use, it is common to reduce the value of the property because of the right-of-use limitation.
In both divorce and inheritance situations in Norway, a spouse who does not own a business is generally entitled to a share of the value of the other spouse’s business shares, unless a marriage contract provides otherwise. As Norwegian families have accumulated more wealth and more individuals own businesses without marriage contracts, disputes over the valuation of business interests have become increasingly common. In such cases, it is important to consider that a minority stake is typically valued lower than a controlling interest, and that personal goodwill – value attributable to the individual owner’s skills or reputation – is not considered a divisible asset at the cut-off date and should be excluded from the valuation. These negotiations are handled privately between the parties and their advisers, without involvement from the tax authorities. If an amicable solution is not achieved, the court must decide on the value.
In Norway, there has been a noticeable increase in disputes and court cases related to divorce settlements and inheritance matters. This trend is driven by several factors. Firstly, family structures have become more complex due to high divorce rates, frequent remarriages, and blended families with children from different relationships, which often leads to conflicts between surviving spouses and children from previous marriages. Secondly, the significant rise in property values over the past 30 years means that even modest homes in major cities are now worth several million NOK, resulting in larger estates and more at stake for both divorcing spouses and heirs. As a result, the potential for disagreement and litigation over asset division has grown, reflecting both changing social dynamics and increased financial stakes.
Most disagreements between spouses in Norway during divorce settlements relate to skjevdeling, the right to exclude assets acquired before marriage from equal division. As people increasingly marry later and bring significant assets into the marriage, disputes often arise over which assets qualify for exclusion and how their value should be determined.
Disagreements frequently arise in both divorce and inheritance situations over how to handle valuable assets such as the family home or cabin – some heirs may wish to retain the property, while others prefer to sell and divide the proceeds. Additional disputes often concern the treatment of gifts received by one heir, with others seeking compensation or adjustments. Contests over the validity or interpretation of wills are also common. Increasingly, as families become more international, complex questions of private international law emerge, including whether disputes can be brought before Norwegian courts and which country’s law should apply – Norwegian or foreign – adding further uncertainty and complexity to the resolution of these matters.
There are few court cases involving the richest families in Norway; recently, there was a rare decision from the Court of Appeal regarding control over billions held in family-owned companies.
Overall, the main trends driving a rise in wealth-related disputes in Norway are:
These factors contribute to more frequent disagreements and legal challenges in both divorce and inheritance cases, as families navigate asset division, succession planning and the interpretation of wills in a landscape marked by greater wealth and more varied family dynamics.
In case of court decisions, the legal system primarily aims to restore the rightful distribution of assets. If an heir successfully claims a will was invalid, the typical court decision is that the will is invalid, and it is up to the estate administrator to divide assets correctly. If a party has received too much inheritance, that party will be responsible for payment to the party that did not get their rightful portion.
In general, Norway does not have punitive damages.
Corporate fiduciaries, such as trust companies or banks acting as trustees, are not commonly used in Norway because the legal concept of a trust does not exist in Norwegian law.
In Norway, an estate must be settled after death, meaning all assets and debts of the deceased are identified and distributed. This can be done through a private or public settlement. A private settlement is possible if all heirs agree and at least one heir accepts responsibility for the deceased’s debts. This method is typically faster and less expensive, as it avoids court involvement and administrative fees. Most estates in Norway are settled privately.
A public settlement is used when heirs cannot agree or if no one is willing to take on the debt responsibility. In such cases, the district court oversees the process, appointing an estate administrator – usually a lawyer – who manages the estate, pays debts and distributes assets according to the law or the will. The choice between private and public settlement depends on the estate’s complexity, the heirs’ wishes and whether there is consensus among them.
When a lawyer is appointed as estate administrator, they are responsible for safeguarding and managing the estate’s assets until distribution. The lawyer acts in a professional, licensed capacity and is subject to the general standards of conduct and professional responsibility applicable to Norwegian lawyers. However, the lawyer is not held to a higher fiduciary standard akin to that of a corporate fiduciary or trust company, as Norwegian law does not recognise trusts in the common law sense. Instead, the lawyer’s duties are defined by statutory requirements and professional ethics, focusing on proper administration, transparency, and the fair treatment of heirs and creditors, rather than the specialised fiduciary obligations found in trust law jurisdictions.
All licensed professionals (lawyers serving as executors, for example) are subject to the ethics and rules of the Bar Association and can face disciplinary action or liability for mishandling estates. They are expected to act with neutrality and in the best interests of all beneficiaries.
There is no applicable information in this jurisdiction.
Norway does not have a concept of “piercing the veil” of a trust as it does not have trusts. To interpret the question in relevant contexts: an executor of an estate can be held personally liable only if they breached their duties causing loss or violated specific legal obligations.
Norway does not have trusts, so there is no applicable information in this jurisdiction.
Norway has different rules for tax residency and legal residency/citizenship.
For tax purposes, an individual becomes a Norwegian tax resident if they spend sufficient time in Norway. If an individual stays in Norway for 183 days or more in a calendar year, or 270 days over any three-year period, they become a tax resident from the year the threshold is exceeded. Tax residency implies worldwide income and net wealth become taxable in Norway.
To lose tax residency, one must stay out of Norway for an extended period – there are detailed rules that essentially require limiting visits and severing primary ties.
For legal residency, citizens of EU/EEA countries have the right to live and work in Norway but must register after three months. Non-EEA nationals generally need a residence permit (limited permit to stay in Norway) based on work, family reunification, study, or asylum to stay in Norway for a limited time. A common path is obtaining a work permit (requiring a job offer from a Norwegian employer and meeting qualification and salary criteria). After typically three years of continuous legal residence (limited permits to stay), one can apply for a permanent residence permit, which grants the right to stay indefinitely. Certain conditions must also be met, such as having a clean criminal record and fulfilling language or course requirements.
Being born to a Norwegian parent grants citizenship, and adoption is included. For foreigners, the basic requirement is as follows:
Norway allows dual citizenship. There are reduced residence requirements in certain cases: for example, spouses of Norwegian citizens can apply after five years of residence. For EU/EEA countries, the requisite number of years in Norway is set to three.
Norway does not offer any expedited or “golden passport” scheme for citizenship. There is no programme where one can invest money or pay a fee to rapidly obtain Norwegian citizenship. The standard naturalisation period is eight years of residence (as noted in 7.1 Requirements for Domicile, Residency and Citizenship). Only a few exceptions shorten this – eg, being married to a Norwegian. The exceptions are limited and still require years of residence.
One relatively fast route to Norwegian citizenship is available for Nordic citizens (from Sweden, Denmark, Iceland and Finland). Under the Nordic agreement, a citizen of another Nordic country who has lived in Norway for just two years can apply for Norwegian citizenship, provided they have no criminal record. This arrangement reflects the close integration and co-operation among the Nordic countries. By comparison, citizens from EEA (EØS) countries generally qualify for Norwegian citizenship after three years of residence, subject to similar conditions.
Apart from the expedited routes available to Nordic citizens, Norway does not offer fast-track citizenship through investment programmes or special talent schemes.
Norway’s welfare system provides a lot of support for minors and disabled adults. For all practical situations, necessary needs are taken care of by the public welfare and health care.
Previously, older individuals with dementia or disabilities needed an officially appointed guardian to manage their financial and personal affairs. With the growing elderly population, Norway has introduced new legislation allowing individuals to appoint a private guardian through an enduring power of attorney, known as a fremtidsfullmakt. This legal instrument can be set up in advance and only takes effect if the individual becomes incapable of managing their own affairs – eg, due to dementia or disability. The enduring power of attorney enables a trusted person – often a family member, but it can be anyone the individual chooses – to handle both financial and personal matters without the need for official or court involvement. This arrangement is increasingly used by older individuals as part of their planning for potential incapacity in later life, offering flexibility and personal choice in selecting who will act on their behalf.
For minors, parents or legal guardians manage their assets until they reach the age of 18. If a minor receives a significant amount of money, approximately NOK240 000 (eg, inheritance), those funds must be placed under the oversight of the County Governor’s office (Guardian authorities) and can only be used in the minor’s interest with approval from the County Governor. It is not a “trust” – this system ensures protection of a minor’s property and is not very flexible.
If parents want to set aside money for a child but maintain control beyond age 18, options are limited. Parents can keep the money themselves. In a will, the parents can appoint someone to manage the child’s inheritance until a later age.
For adults with disabilities, aside from the enduring power of attorney (which must be created by the person while capable), if a person is already incapacitated, the system of guardianship (vergemål) comes into effect, where a court or County Governor appoints a guardian to manage that adult’s finances and personal decisions. Families can suggest a trusted person as guardian, which the authorities often honour.
Appointing a legal guardian is done by the County Governor (Statsforvalter), in most cases according to acceptance – but if the individual is not able to understand, then the County Governor can appoint a legal guardian even though the individual protests.
It is the court that decides whether a person’s legal capacity shall be taken from them.
For minors, if both parents are deceased or unable to act, a guardian is appointed by the County Governor’s office to manage the child’s property and take care of decisions until they reach the age of 18. That appointment is a formal process following notice to family members, etc.
Norway addresses the financial challenges of increased longevity through a comprehensive public welfare system. The public pension system provides lifelong retirement income to all workers and has been reformed since 2011 to ensure sustainability, including measures such as encouraging later retirement and adjusting payouts based on life expectancy.
Public sector employees receive additional occupational pensions, while private sector workers typically have defined contribution pension plans that pay out over ten years, up to age 77.
In addition, the government subsidises long-term care services – including home health care and nursing homes, with costs capped relative to income – helping to protect families from catastrophic care expenses as people live longer.
However, individuals and families still plan financially for supplements to these services. Private pension savings have been encouraged.
All children are treated equally in Norwegian law, including children born in marriages and outside marriage.
When a child is legally recognised, they have full rights under the law (including forced heirship rights to their parents’ estates). Adopted children are treated as the children of their adoptive parents for all purposes, including inheritance.
Surrogacy is not allowed in Norway. It is possible for a Norwegian couple to have a child via surrogacy abroad, but they might meet legal challenges on coming home to Norway with their child, and it is necessary to follow up with paperwork to ensure that the child is recognised as the legal child of the parents.
Norway recognises same-sex marriage. Consequently, same-sex spouses have the same rights in inheritance, taxation, etc. Planning mechanisms for same-sex couples are therefore the same as for opposite-sex couples.
Norwegian law encourages charitable giving primarily through income tax deductions and by having no gift/inheritance tax. Donations to approved charitable organisations up to a certain limit each year can be deducted from the individual’s income tax. Gifts to charitable organisations of an amount from NOK500 to NOK25,000 per taxpayer per year are deductible against income. Businesses (corporate entities) have the same opportunity.
Charitable gifts are common, particularly among those without close heirs.
As a result of the increasing gifting to charitable organisations, more advertising by charitable organisations has been observed in the last ten years – though it is not much compared to countries with more of a tradition of making private gifts to organisations.
As Norwegians value social contribution, many wealthy families incorporate a charitable element in their wills.
The most common structures for charitable planning in Norway are smaller-scale giving; many Norwegians simply donate to existing charitable organisations.
High net worth individuals in Norway sometimes choose to give through foundations (stiftelser) when they wish to endow significant assets for a specific, long-term purpose. A foundation can be established during life or by will, with assets and a charter dedicated to causes such as cultural projects. The main advantages of a foundation are its perpetual existence, independent board, and the assurance that assets are permanently dedicated to the intended purpose, providing long-term security for the donated wealth. However, the founder relinquishes control, as foundations are irrevocable – assets cannot be reclaimed or easily redirected, and heirs have no claim. Additionally, foundations incur ongoing administrative costs (such as board meetings and regulatory filings), so the initial donation must be substantial enough that these costs do not outweigh the foundation’s income.
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advokatfirmaet@hjort.no www.hjort.noDoing Business in Norway – Personal Circumstances as a Corporate Risk Factor
Doing business in Norway involves navigating not only complex corporate matters but also understanding the tax and family and inheritance law implications on a personal level.
Personal circumstances can also play an important role when starting a business in Norway. This chapter of the guide will focus on how individual life events – such as moving to Norway, marriage, divorce or death – can impact a Norwegian business. Proactive planning is essential, including careful consideration of company structure, prenuptial agreements, wills and shareholders’ agreements.
Norwegian tax resident
If a person meets specific presence thresholds in Norway then they are, according to Norwegian tax law, considered a tax resident in Norway. The rules are as follows.
In practice, this means that spending six months or more in Norway within a year, or spending more than 90 days on average each year over a three-year period, triggers tax residency. Once considered tax resident, a person so remains until meeting the formal exit criteria (which generally require both physical absence and demonstrating that the person no longer has a home available for their use in Norway).
A Norwegian tax resident is subject to any tax treaty with any relevant country, and liable to pay tax on their worldwide income and wealth in Norway.
Relevant taxes
It is important for an entrepreneur to understand how their salary, business profits and dividends will be taxed.
Norwegian salary income tax is progressive with a flat base rate. For 2025, the general tax rate is 22% on a person’s general income (total income after deductions). On top of that, a sliding bracket tax applies for higher incomes:
Capital gains tax for individuals is in general 22%. However, there is an exemption for dividend and gains on shares where the tax rate is 37.84% (2025).
The benefit of these relatively high taxes is access to extensive public services, including free healthcare. For example, if a person is injured while enjoying outdoor activities such as hiking or skiing, medical treatment is provided at no additional cost. This reflects the fundamental trade-off in the Norwegian system: higher taxes in exchange for comprehensive social welfare and public services.
Corporate tax
Norwegian corporations pay a flat 22% corporate tax on their profits. This rate has been stable in recent years.
The Norwegian tax exemption method causes private limited companies’ share dividends and share gains from investments in other private limited companies to be exempt from tax (and losses on the sale of shares are not deductible). Retained earnings (profits reinvested or held in the company) are taxed only at the corporate level, and there is no extra tax until profits are distributed to individual owners. That is the reason for structuring companies in holdings and subsidiaries in Norway – it is tax efficient.
Tax on distributions to individuals
When a company pays dividends to a shareholder, those dividends are taxed as capital gains. However, Norway uses a gross-up and tax method for dividends (in 2025, the gross-up factor is 1.72%).
As an entrepreneur in Norway, a person can withdraw money from their company as salary or dividend. Salary payments reduce the company’s taxable profit, lowering corporate tax, but are subject to full payroll taxes and up to 47.4% personal tax. Dividends, on the other hand, are not deductible, are paid from operating profits subject to 22% corporate tax, and are then taxed at 37.84% at the personal level. Many owners use a combination of moderate salary and dividends to optimise their overall tax burden, but the difference in total tax paid is often small. It is recommended to consult a tax adviser to determine the most effective approach for a given situation. In addition, it is important to be aware of two other taxes.
Company-Owned Assets: Tax on Personal Use
Foreigners may for different reasons consider purchasing homes, cabins, cars or boats in Norway through a company. However, this approach does not align with Norwegian tax rules. The Norwegian tax authorities take a strict stance on what they call “private consumption in company”.
If a company owns an asset that is available for the private use of a shareholder or related party, the authorities will treat the value of that benefit as taxable income for the individual, even if no money is withdrawn from the company. Even occasional or potential private use can trigger significant tax liabilities, often calculated based on the asset’s market rental value or a deemed benefit. This policy is intended to prevent shareholders from avoiding personal income tax by enjoying private benefits through corporate structures.
As a result, using a company to own personal assets in Norway can lead to heavy taxation and is generally not recommended. From a tax perspective, if one wishes to follow Norwegian customs and buy a mountain cabin for hiking and skiing, purchasing it as an individual rather than through a company is recommended to avoid unintended tax consequences. Additionally, it should be kept in mind that every property purchase in Norway is subject to a documentary stamp tax of 2.5% of the purchase price, payable each time real estate is acquired. Therefore, it is important to choose the right property from the outset to avoid unnecessary transaction costs. If a business owner is considering moving to Norway or acquiring assets there, it is important to seek local tax advice before structuring any purchases through a company.
Marriage in Norway: Matrimonial Property Law and Business
Getting married while living in Norway
If a business owner getsmarried while living in Norway, Norwegian marriage law will govern the financial relationship between that person and their spouse. This can have direct implications for the business – and must be taken into consideration as soon as a person thinks of starting a family.
Community property
Norway’s default marital property regime is community property. This means that all assets acquired during the marriage – and, in practice, often even assets owned before marriage, with some exceptions – are considered joint marital property and will be divided equally if the marriage ends. While a business owner may be able to keep their business, they would typically need to pay their spouse half of its value.
Choice of law
Can a couple choose a different law? An international couple moving to Norway may initially believe they can avoid Norwegian marital law by choosing another country’s law to govern their marriage through a formal agreement. While it is generally possible to designate a foreign law in a marital contract, Norwegian conflict-of-law rules are complex, and the Norwegian courts may ultimately apply Norwegian law – especially if they settle in Norway long-term and establish their primary residence there. Therefore, it is safest to plan marital and financial arrangements on the assumption that Norwegian marital law will apply, regardless of any choice-of-law agreement one may have made.
Getting married before moving to Norway
If a person gets married before moving to Norway, the main rule is that Norwegian courts shall apply the law from the county they lived in just after they got married.
Consequence of Norwegian law
If a person starts a business in Norway and gets married in Norway without any special arrangements, their spouse will have a legal claim to half the value of the business in the event of a divorce, and significant rights if the owner dies. This is true even if the spouse has no involvement in the company, and even if the businessperson owns all the shares in the company and is the only owner and worker in their company. Norwegian law views marriage as an economic partnership.
Solution: consented marriage contract with separate property
The primary way to avoid the default sharing is to sign a marriage contract before or during the marriage, specifying separate property for the owner’s company shares. A valid prenuptial or postnuptial agreement can stipulate that the business is the owner’s separate property not subject to equal division. Both spouses must agree, and it must meet formal requirements (written, witnessed, registered).
Only with a consented marriage contract with separate property can a business owner “take back” full property rights and ensure the company’s value is not halved with the spouse. For this reason, it is best practice for shareholders and co-founders to require all founders to have prenuptial agreements in place to safeguard the company and ensure business continuity.
Value of Owner’s Business Following Divorce
Marriages frequently end in divorce, which includes business owners’ marriages as they tend to work a lot. Taking care of their spouse might be forgotten.
Without a prenuptial agreement establishing separate property, the spouse is entitled to claim half the value of all marital assets, which includes the business. This can be a huge issue for entrepreneurs.
Complexities in Valuing a Business
When a marriage ends (by divorce or death), and the deceased has not entered into a marriage agreement, or written a will, one practical challenge is how to value a private business for the purpose of dividing assets.
Valuing a start-up or private company is not straightforward; there may be disagreements between the spouses or heirs on what the shares are worth. Norwegian law has procedures to handle this through a court valuation process. Either party can request the court to set the valuation. This is essentially a court-ordered appraisal – a special legal process where the court, after the parties have had the opportunity to give inputs, appoints experts and determines the fair market value of the asset after an oral court hearing.
The idea is to find the price the shares would fetch in an open market sale, as of the cut-off date in divorce (or death). This process is expensive and elaborate.
The valuation will consider the company’s financial statements, assets, earnings and future prospects. If the owning spouse will keep the shares, sometimes adjustments like minority discount or illiquidity discount might come into play (eg, if the spouse is keeping a minority stake not easily sold). Also, latent tax liabilities are considered – for instance, if selling the business would incur taxes, the net value after tax might be used. Generally, the value shall not count personal “goodwill” of an owner as part of value, so if the company’s success has personally strong ties to the owner, that might reduce transferable value.
If the value of the business is not established in advance – through a marriage agreement or will – determining what the spouse or heirs are entitled to can become a lengthy and expensive legal process. This is particularly problematic for small start-ups, where the company’s value may be uncertain or difficult to assess. To avoid such disputes, Norwegian business owners are strongly advised to consider their personal circumstances when starting a business and to make clear arrangements, such as prenuptial agreements and wills. Setting a predetermined value or payout for a spouse or heirs can help to ensure that the company or surviving owners can settle obligations efficiently and avoid contentious battles over the business’s true worth during difficult times.
If a Business Owner Dies: Spouse’s and Heirs’ Inheritance Rights
No one likes to consider the possibility of death when starting a business, but planning for such events is essential for business continuity. It is important for co-owners to have arrangements in place to ensure that the business can continue operating smoothly if one of the partners passes away.
In Norway, when a business owner dies, Norwegian inheritance law and the marital property regime determine what happens to the shares. Key points if a business owner dies without any special estate planning are as follows.
Spouse receives majority value
The combination of the Norwegian marriage law and inheritance law means that the spouse receives a majority value of the business. If spouses only have value that shall be shared equally (with no separate property), including company shares, the surviving spouse first receives half of the value of the shares through the matrimonial property division. The remaining half, which belonged to the deceased, is then distributed according to inheritance rules: the spouse inherits one quarter of this half, while the children inherit the remaining three quarters. That inheritance of one quarter of one half equals 12.5% of the total assets. In total, the spouse ends up with 62.5% of the shares (50% + 12.5%), and the business owner’s children share 37.5%.
This legal outcome can be very problematic for a business. Other shareholders may find that suddenly a large chunk of share value shall be directed to the deceased’s spouse. Or if the children inherit but they are minors, their mother (the spouse) might manage their shares. Alternatively, if the child inherits in majority, they might have to pay out the step-parent in cash for that one quarter share – which again raises the issue of where to find the money. That can be a huge burden.
Forced sale
In some cases, it might force a sale of the company or its assets to raise funds for the spouse’s share. This is clearly not ideal for business continuity or for any remaining co-founders.
Corporate Risk Factors – Personal Circumstances Should Be Taken Into Account
As part of a comprehensive assessment of corporate risk factors, business partners should take personal circumstances into account. Proactive measures should be implemented to safeguard the continuity of operations in the event of separation or death.
Shareholders’ agreement
If there are co-founders or investors, it is very common to have a shareholders’ agreement in a Norwegian company, especially necessary for a start-up. In that agreement, co-founders regularly forget to, but should, include clauses to protect the company from shareholders’ personal issues. The following examples should be considered.
Multiple shareholders can agree to collectively safeguard the company’s interests in cases of divorce or death via a shareholders’ agreement. An agreement can mandate that each shareholder shall have a marriage agreement with separate property for the shares and make use of the inheritance law’s opportunities to deny unsettled estate and further limit spousal inheritance to 4G (4 x National Insurance basic amount) through a will. In essence, co-owners can agree in advance to prevent divorce or death from disrupting the business.
Moving Business to Another Country:Tax Implications
If a business owner wants to move back to their original country, what are the taxes for moving out? Consider the scenario where, after building their business in Norway, the owner decides to move to another country.
Norway imposes an exit tax on individuals who give up their tax residency. This can be especially burdensome for entrepreneurs with high-growth start-ups, as the tax is levied on unrealised gains – meaning a business owner may owe tax on potential profits that have not yet been converted into cash.
What is an exit tax? It is a tax on the latent unrealised capital gains of the owner’s shares at the time they leave Norway. If Norwegian tax residents move out and thereby become non-resident for tax purposes, Norway will under some conditions treat the situation as if they had sold all their shares on their last day as a resident and tax the would-be gains accordingly.
In other words, if a person started a company and their shares have gone up in value, they must pay capital gains tax on that increase even though they have not actually sold their shares. For an easy example, suppose an entrepreneur founded a start-up with shares that cost almost nothing, and now, a few years later, their shares are valued at NOK10 million. If they emigrate, Norway will calculate the tax on a gain of approximately NOK10 million. The tax could be roughly NOK3.78 million, as they have taken dividends. This tax is imposed even if they have not sold any shares and have no cash in hand from those shares.
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