How we deal with your application - private rulings
We generally acknowledge private ruling applications when we receive them. We'll then review your application and let you know if it's valid and/or if we need additional information.
We aim to provide private rulings within 28 calendar days of receiving all the necessary information. If we find your request raises particularly complex matters that will take longer to resolve, we will aim to contact you within 14 calendar days to negotiate a due date.
We will continue to communicate with you about the progress of your ruling, including the expected timeframe for its issue.
If your private ruling application asks us to determine the value of a thing, or confirm a valuation provided by you, we may refer your request to a professional valuer.
The valuer charges us a fee, which the law allows us to pass onto you.
Ruling on matters not raised in the application
We'll generally rule only on the matters directly raised in your private ruling application.
If there are other matters we believe to be relevant, we'll tell you about them and ask if you want us to address them. Should you want us to rule on any of these additional matters, you'll need to submit a further private ruling application.
Assumptions and information from third parties
If we need to make assumptions in order to give you a private ruling, we'll advise you what they are, and give you a reasonable opportunity to respond. We may decline to rule, rather than make a ruling subject to assumptions.
If we intend to use any relevant information from third parties to provide you with a private ruling, we'll advise you about the information, tell you what it is, and give you a reasonable opportunity to respond.
Private rulings relating to assessments
If we give you a private ruling that affects an earlier assessment, we will not automatically amend your assessment.
Assessments and amendments are part of the self-assessment system – this means that taxpayers and tax agents must ask us to amend any assessment affected by a private ruling.
If we've not made your private ruling within 60 days of receiving all the necessary information, you may send us a written notice requiring the ruling to be made.
The 60-day period is extended in the following circumstances:
- If you've asked about a valuation matter (other than the valuation of a gift or a contribution to a deductible gift recipient) and we refer this to a valuer, the 60-day period is put on hold until we receive a decision from the valuer.
- If we ask for additional information, or tell you about assumptions or third-party information, the 60-day period is put on hold while we await your response.
We have 30 days from when we receive the written notice to either provide the private ruling or tell you that we decline to rule on the matter.
If you don't receive a private ruling or our written reasons for declining to rule within 30 days, you can object to our failure to make a private ruling. As part of the objection, you're required to lodge the draft private ruling.
If you don't agree with our decision
You can object to most private rulings in the same way as you can object to a tax assessment. But you can't object to:
- a private ruling - if an assessment has been issued that covers the private ruling period, or if withholding tax has become due and payable – in these circumstances, you can object to the relevant assessment
- an excise private ruling - if we've made a decision about excise duty or any other amount payable in relation to excisable goods and the decision is reviewable.
We generally acknowledge private ruling applications when we receive them. We'll then review your application and let you know if it's valid and/or if we need additional information. We aim to provide private rulings within 28 calendar days of receiving all of the necessary information.