Taxation Administration Act 1953
SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
The Commissioner must comply with an application for a *private ruling and make the ruling. However, this obligation is subject to subsections (2) and (3). 359-35(2)
The Commissioner may decline to make a *private ruling if:
(a) the Commissioner considers that making the ruling would prejudice or unduly restrict the administration of a *taxation law; or
(b) the matter sought to be ruled on is already being, or has been, considered by the Commissioner for you. 359-35(3)
The Commissioner may also decline to make a *private ruling if the matter sought to be ruled on is how the Commissioner would exercise a power under a relevant provision and the Commissioner has decided or decides whether or not to exercise the power.(a) the Commissioner has requested the applicant to give further information under section
357-105
and the applicant has not given it to the Commissioner within a reasonable time; or
(b) the Commissioner considers that the correctness of a private ruling would depend on which assumptions were made about a future event or other matter (see section
357-110
).
359-35(4)
The Commissioner must give the applicant written reasons for declining to make a *private ruling.
Note: See section 3AA .
Chapter 5 - Administration
PART 5-5
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RULINGS
Division 359
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Private rulings
Private rulings
SECTION 359-35
DEALING WITH APPLICATIONS
359-35(1)
The Commissioner must comply with an application for a *private ruling and make the ruling. However, this obligation is subject to subsections (2) and (3). 359-35(2)
The Commissioner may decline to make a *private ruling if:
(a) the Commissioner considers that making the ruling would prejudice or unduly restrict the administration of a *taxation law; or
(b) the matter sought to be ruled on is already being, or has been, considered by the Commissioner for you. 359-35(3)
The Commissioner may also decline to make a *private ruling if the matter sought to be ruled on is how the Commissioner would exercise a power under a relevant provision and the Commissioner has decided or decides whether or not to exercise the power.
Example:Michael applies for a private ruling on the way in which the Commissioner might exercise the Commissioner ' s discretion under section 255-10 (deferring the payment time). Rather than make the ruling, the Commissioner decides to defer the time at which an amount would otherwise be payable by Michael.
Note:
The Commissioner may also decline to make a private ruling if:
The Commissioner must give the applicant written reasons for declining to make a *private ruling.
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