From 1 July 2010, the general ruling system includes excise, goods and services tax (GST), wine equalisation tax, (WET) and luxury car tax (LCT). These changes are intended to reduce compliance costs for you by providing more consistent rules across different taxes. This means that across all taxes there will be more rules in common for both private and public rulings and you will also have the right to object to private indirect tax and excise rulings.
As a result of the changes to the law, the range of documents considered public rulings will change.
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These changes apply to:
- rulings made by the Commissioner of Taxation on or after 1 July 2010
- private indirect tax rulings that have been applied for, or that are in operation immediately before 1 July 2010
- public indirect tax rulings that are gazetted or labelled as public rulings and are in operation immediately before 1 July 2010.
When we use the term indirect tax, we mean GST, WET and LCT.
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Why was the law changed?
Previously, there was no specific law that allowed the Commissioner to issue indirect tax rulings and administratively binding advice in relation to excise. Further, you were not able to object to private indirect tax rulings and administratively binding advice in relation to excise, as you could with private rulings issued for other taxes. Also, you could not apply for product or class rulings.
By aligning with the general rulings regime that applies to other taxes, including income tax, there will be more consistent rules across different taxes.
What law has been changed?
The Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010 amends the Taxation Administration Act 1953, the A New Tax System (Goods and Services Tax) Act 1999, the Excise Act 1901 and the Income Tax Assessment Act 1997. As a result of this amendment, indirect taxes (except fuel tax) and excise are included in the general rulings regime. This amendment does not include fuel tax as it is already under the general rulings regime.
Last Modified: Tuesday, 22 May 2012