What is a class ruling?

After applying for a class ruling

What happens after we receive your application?

We will acknowledge a class ruling application as soon as it is received. An author, approving officer and peer reviewer are allocated as soon as possible. The application is then reviewed and you will be advised whether the application is valid. We aim to finalise an application in the shortest time possible; however, the actual turnaround time depends on the quality of the application, the level of disclosure and the time at which all relevant information is available to us. We will refuse to make a ruling if we don't receive all the necessary information, so make a full disclosure at the earliest possible time.

We will continue to communicate with you about the progress of your ruling, including the expected timeframe for its issue. For certain ruling topics, internal processes may apply which will affect the issue date. We will advise you if this applies.

What happens when we issue the class ruling?

Before we publish a class ruling, a copy of the draft ruling is sent to the applicant to obtain a signed statement from the applicant that:

• the description of the scheme as contained in the class ruling is accurate and covers all relevant features of the scheme
• all parties specifically named in the proposed class ruling have expressly consented to being named
• the negotiated date for publication is acceptable.

The draft ruling cannot be relied on and the applicant should not convey the advice within it to others, except those whose consent is required.

It is only when the class ruling is published by us and the notice appears in the Government Notices Gazette (Gazette) that the class ruling may be relied on.

Can you withdraw a class ruling application?

You can tell us that you want to withdraw a class ruling application at any time before the class ruling is made.

We will confirm the withdrawal in writing.

When do class rulings apply from?

Class rulings will stipulate a date of effect from which the ruling applies.

A class ruling may also specify the date on which it will cease to have effect. If this is the case, the class ruling applies to all entities within the specified class who participate in the specified scheme during the term outlined in the ruling.

Where are class rulings published?

A class ruling is a public ruling issued under Division 358 of schedule 1 to the Taxation Administration Act 1953. Accordingly, for a class ruling to be made the ruling must be published and notice of it must be published in the Gazette.

The Gazette is available online by visiting the Attorney-General's Department website. To find rulings search for 'Commissioner of Taxation'.