Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

Pt 3-10 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

Div 105 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

Subdiv 105-C inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

S 105-60 repealed by No 74 of 2010 , s 3 and Sch 2 item 23, effective 1 July 2010. For transitional provision, see note under definition of " private indirect tax ruling " in s 2(1) . S 105-60 formerly read:

SECTION 105-60 RELIANCE ON COMMISSIONER ' S INTERPRETATION OF AN INDIRECT TAX LAW (OTHER THAN A FUEL TAX LAW)  
105-60(1)
This section applies to you if:

(a) the Commissioner alters a previous *indirect tax ruling that applied to you; and

(b) relying on the previous ruling, you have underpaid a *net amount or an amount of *indirect tax, or the Commissioner has overpaid an amount under section 35-5 of the *GST Act, in respect of one or more:

(i) *taxable supplies or *taxable importations; or

(ii) *wine taxable dealings; or

(iii) *taxable supplies of luxury cars or *taxable importations of luxury cars; or

(iv) *creditable acquisitions or *creditable importations;

that happened before the alteration.

Note:

For reliance on the Commissioner ' s interpretation of a fuel tax law, see Division 357.

105-60(2)
Unless the Commissioner is satisfied that you contributed to the giving, or continuing in force, of the earlier ruling by a misstatement or by suppressing a material fact:

(a) the underpaid *net amount or *indirect tax ceases to be payable; or

(b) the overpaid amount under section 35-5 of the *GST Act is taken to have been payable in full;

from when the previous ruling was made.

105-60(3)
In deciding whether an *indirect tax ruling applies to you, or whether a ruling has been altered:

(a) a *private indirect tax ruling applies only to the entity to whom it was given; and

(b) so far as a private indirect tax ruling conflicts with an earlier *public indirect tax ruling, the private indirect tax ruling prevails; and

(c) so far as a public indirect tax ruling conflicts with an earlier private indirect tax ruling, the public indirect tax ruling prevails; and

(d) an alteration that a later indirect tax ruling makes to an earlier indirect tax ruling is disregarded so far as the alteration results from a change in the law that came into operation after the earlier indirect tax ruling was given.

S 105-60 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.