A New Tax System (Tax Administration) Act 1999 (179 of 1999)
Schedule 3 Binding oral advice on income tax matters
Part 2 Consequential amendment of Act
Income Tax Assessment Act 1936
6 After section 170BC
Insert:
170BDA Assessment of tax other than withholding tax if public and oral rulings conflict
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a public ruling on the way in which an income tax law applies to a person in relation to an arrangement; and
(b) there is an oral ruling on the way in which the same income tax law applies to the same person in relation to the same arrangement; and
(c) those ways are different; and
(d) apart from this section, because of there being those different ways, there are conflicting requirements under section 170BA or 170BC and section 170BCA of what the assessment and amount of final tax in relation to that person are to be;
the assessment and amount of final tax must be what they would be if that law so applied in whichever of those ways would result in the lowest amount of final tax.
(3) Expressions used in paragraph (2)(a) have the same meanings as in section 170BA.
(4) Expressions used in paragraph (2)(b) have the same meanings as in Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act 1953.
170BDB Assessment of tax other than withholding tax if private and oral rulings conflict
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a private ruling on the way in which an income tax law applies to a person in relation to an arrangement ( private ruling way ); and
(b) there is an oral ruling on the way in which the same income tax law applies to the same person in relation to the same arrangement; and
(c) those ways are different; and
(d) apart from this section, because of there being those different ways, there are conflicting requirements under section 170BB or 170BC and section 170BCA of what the assessment and amount of final tax in relation to that person are to be;
the assessment and amount of final tax must be what they would be if that law applied in the private ruling way.
(3) Expressions used in paragraph (2)(a) have the same meanings as in section 170BB.
(4) Expressions used in paragraph (2)(b) have the same meanings as in Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act 1953.
170BDC Assessment of tax other than withholding tax if public, private and oral rulings conflict
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a public ruling on the way in which an income tax law applies to a person in relation to an arrangement; and
(b) there is a private ruling on the way in which the same income tax law applies to the same person in relation to the same arrangement; and
(c) there is an oral ruling on the way in which the same income tax law applies to the same person in relation to the same arrangement; and
(d) those ways are different;
the assessment and amount of final tax must be what they would be if the oral ruling had not been made.
(3) Expressions used in paragraph (2)(a) have the same meanings as in section 170BA.
(4) Expressions used in paragraph (2)(b) have the same meanings as in section 170BB.
(5) Expressions used in paragraph (2)(c) have the same meanings as in Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act 1953.