This case is about business restructuring and transfer of intangibles – customer list, technology, trademarks and goodwill.
Cytec Norge was originally a full-fledged manufacturer that was changed into a toll manufacturer. The customer portfolio, technology, trademarks and goodwill were transferred to the related entity, Cytec Netherlands, free of charge.
The court found that Cytec Norge AS had held intangibles of considerable value prior to the business restructuring in 1999, and that the Norwegian entity should have received an arm’s-length remuneration for the transfer of these rights to the related Dutch entity.
The court ruled that the Norwegian tax authorities’ calculation of such remuneration and the increased income was correct.
An appeal to the Supreme Court was dismissed in 2008.Norway Cytec-dom