TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-5 - RULINGS  

Division 360 - Oral rulings  

Oral rulings  

SECTION 360-5   APPLYING FOR AND MAKING OF ORAL RULINGS  

Applying for oral rulings

360-5(1)  


If you are an individual, you or your *legal personal representative may apply to the Commissioner for advice on the way in which the Commissioner considers a relevant provision applies or would apply to you in relation to a specified *scheme.
Note:

Section 357-55 specifies the relevant provisions.

360-5(2)  
An application under this section must be made orally and in the manner determined under section 360-15 .

360-5(2A)  


You or your *legal personal representative must not apply for advice under this section in relation to:


(a) an *indirect tax law (other than the *fuel tax law); or


(b) an *excise law.

Making of oral rulings

360-5(3)  
The Commissioner must give you or your *legal personal representative that advice unless:


(a) the Commissioner considers that the advice sought relates to a *business matter or a complex matter; or


(b) the matter sought to be ruled on is already being, or has been, considered by the Commissioner for you.

That advice is an oral ruling .

Note:

The Commissioner may also decline to make an oral ruling if:

  • (a) the Commissioner has requested you to give further information under section 357-105 and you have not given it to the Commissioner; or
  • (b) the Commissioner considers that the correctness of an oral ruling would depend on which assumptions were made about a future event or other matter (see section 357-110 ).
  • 360-5(4)  
    The Commissioner must give that advice orally and in the manner determined under section 360-15 . That advice must include a registration identifier for the ruling.

    Note:

    The Commissioner must tell you which assumptions the Commissioner made in making the ruling: see section 357-110 .

    360-5(5)  
    You are not entitled to receive a written record of that advice.

    Note:

    However, you may be able to apply for a private ruling on the matter under Division 359 .


     

    Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

    CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

    The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.