Tax Analysts is reporting that on December 19, the IRS released an agreement signed by U.S. and Norwegian competent authorities that clarifies special sourcing provisions in the Norway-U.S. income tax treaty with regard to income received for performing government services and for Social Security payments.
The agreement clarifies the meaning of “remuneration” as defined in the 1971 treaty between the U.S. and the Kingdom of Norway.
The agreement provides, in relevant part:
(1) The phrase “remuneration described in Article 17 (Governmental Functions)” is limited to wages, salaries, and similar remuneration, including pensions or similar benefits, paid by or from public funds of one of the Contracting States, or a political subdivision or local authority thereof, to a citizen of that Contracting State for labor or personal services performed for that Contracting State, or for any of its political subdivisions or local authorities, in the discharge of governmental functions. Thus, for example, remuneration paid by or from public funds of Norway to a person who is not a citizen of Norway is not remuneration described in Article 17 and, consequently, would not be treated as income from sources within Norway pursuant to the last sentence of Article 24(6). Under the first sentence of Article 24(6), such remuneration would be treated as income from sources within a Contracting State to the extent that such services are performed in that Contracting State.
(2) The phrase “payments described in Article 19 (Social Security Payments)” means Social Security payments and other public pensions paid by one of the Contracting States to an individual who is a resident of the other Contracting State or a citizen of the United States, without regard to the location of the performance of the personal services underlying the entitlement to the payments. Thus, for example, if the United States makes a Social Security payment to a resident of Norway based on personal services that were performed partly within the United States and partly without the United States, the entire amount of the payment will be treated as income from sources within the United States.
Click here, to read the Competent Authority Agreement.