Do I have to pay VAT on TONO payments?
No, if you are a TONO member who has a VAT-required business, for example in an AS, you do not need to pay VAT on your TONO payments.
This has three reasons:
1. Assurance from the Tax Administration that they will not conduct inspections while they are preparing new VAT regulations
The Norwegian Tax Administration announced on December 23, 2021 that they were in the process of studying new regulations for VAT on collectively collected rights fees from TONO, Gramo, Norwaco and others. We have received verbal assurances from the Norwegian Tax Administration that they will not initiate inspections of VAT-liable TONO members who do not calculate and pay VAT on their TONO income as long as they are working on developing the new regulations. In other words, this is a time-limited insurance in the period until new regulations are in place. TONO has no knowledge of what the final VAT rules for payment of fees to VAT-liable members will look like.
2. TONO obligation if, contrary to expectations, an inspection will be carried out
If members of TONO, despite the assurance from the Tax Administration mentioned under point 1 above, were to be subject to an inspection, TONO has given the members an obligation that TONO will pay the claim.
The obligation includes TONO revenues generated in Norway, i.e. remuneration for the use of the music by Norwegian businesses. The guarantee applies until the Tax Administration's promised new rules are in place.
The payment obligation requires that the TONO member notifies TONO of any inspection by the Norwegian Tax Administration as soon as it is initiated. TONO will also have the opportunity to contest any claims from the agency on behalf of the licensee, and the payment obligation does not cover subsequent calculations that may be due to other errors in VAT processing attributable to the TONO member.
3. Remuneration income from abroad is VAT-free
TONO can also reassure members with VAT-liable businesses that they do not need to pay VAT on TONO revenues generated abroad. The Norwegian Tax Administration has clarified to TONO that TONO is understood as an "intermediary" between the licensee and the customer under current VAT regulations.
The TONO member's customer relationship is thus considered to be direct with a customer abroad. This means that TONO members liable for VAT are on an equal footing with other Norwegian VAT-liable businesses when it comes to export revenues.
The text was updated on February 26, 2025 when the text under point 2 “…and applies to remuneration paid by TONO in the period from December 1, 2022 to the end of 2023, or sooner if the new VAT regulations come earlier” was changed to “The guarantee applies until the new rules promised by the Norwegian Tax Administration are introduced. Read also: https://www.tono.no/tono-videreforer-momsgaranti/