Innsikt | Advokatfirmaet Melø

Corporate law

Liability of a majority shareholder in a private limited company

The Supreme Court found that the majority shareholder had breached an unwritten duty of loyalty and that liability could be established under Section 17-1 of the Norwegian Private Limited Companies Act (aksjeloven). The claim against the managing director did not succeed. The parent company, together with...

Atle Melø26. October 2020

Property Law

What to do if you discover a defect in a property

If you discover a defect in a property, you should notify the seller within a reasonable time. If you fail to do so within the applicable deadline, you lose the right to assert claims arising from...

Atle Melø19. October 2020

Tax law

Tax treaty rules on taxation of capital gains on shares

Under tax treaties, the right to tax dividends is normally shared between states. This is not the case for capital gains on shares. For capital gains, it is typically either the shareholder’s state of residence or the state of the company...

Atle Melø5. July 2020

Tax law

Tax treaty rules on the taxation of real property

Article 6(2), second sentence, of the OECD Model Tax Convention defines what is considered real property. The provision provides a broad framework for what is included. Buildings...

Atle Melø5. July 2020

Tax law

Tax treaty rules on the taxation of dividends

The tax treaty rules on dividends primarily apply to distributions received by shareholders as a return on their shares pursuant to a resolution adopted by the company's general meeting. The OECD Model Tax Convention defines the concept of dividends in Article...

Atle Melø5. July 2020

Tax law

Tax treaty rules on the taxation of directors’ fees

Article 16 of the OECD Model Tax Convention contains a specific rule governing directors’ fees. Such remuneration may be taxed in the state where the company in respect of which the directorship is held is resident. Similar provisions are found in...

Atle Melø5. July 2020

Exit tax – a tax fiction

Unintentional error in electronic tax return filing did not justify additional tax

Brokerage firms prevailed in case concerning internal partnerships

No breach of loyalty in contractual relationship

Liability of a majority shareholder in a private limited company

What to do if you discover a defect in a property

Tax treaty rules on taxation of capital gains on shares

Tax treaty rules on the taxation of real property

Tax treaty rules on the taxation of dividends

Tax treaty rules on the taxation of directors’ fees