EFTA Surveillance Authority finds that Norway's Interest Deduction Rules Infringe Freedom of Establishment under EEA Agreement

On 25 October 2016, the EFTA Authority (ESA) issued a reasoned opinion finding that the provisions on the limitation of intra-group interest deduction in the Norwegian Tax Act indirectly constitute an infringement of the freedom of establishment protected by Article 31 of the Agreement on the European Economic Area (EEA).

The current interest deduction rules provide that for total interest expenses over NOK 5 million, interest paid to an affiliated party that exceeds 25% of EBITDA is not de…