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 .