TAXATION ADMINISTRATION ACT 1953
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section 3AA .Chapter 5 - Administration
Ch 5 title inserted by No 73 of 2006 , s 3 and Sch 5 item 44, effective 1 July 2006.
Pt 5-5 inserted by No 179 of 1999.
Div 357 to 361 substituted for Div 360 by No 161 of 2005, s 3 and Sch 2 item 1, applicable to things done on or after 1 January 2006. For transitional provisions and former wording of Div 360, see note under Div 357 heading.
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.
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.
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.
S 359-35 inserted by No 161 of 2005, s 3 and Sch 2 item 1, applicable to things done on or after 1 January 2006. For transitional provisions see note under Div 357 heading.
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