TAXATION ADMINISTRATION REGULATIONS 1976 (REPEALED)

PART 7 - RULINGS

REGULATION 61

61 PRIVATE RULINGS - AMOUNT OF CHARGE FOR VALUATIONS AND REVIEWS OF VALUATIONS
For subsection 359-40(4) of Schedule 1 to the Act:

(a) the charge for the valuer making a valuation is the amount that the Commissioner is required to pay the valuer for making the valuation; and

(b) the charge for the valuer reviewing a valuation is the amount that the Commissioner is required to pay the valuer for reviewing the valuation.

Note 1:

Under subsection 359-40(4) of Schedule 1 to the Act, the Commissioner may charge an applicant an amount in accordance with the regulations. However, the Commissioner has the discretion not to charge the applicant for the making or review of the valuation.

The time period for making a private ruling is extended by item 4 in subsection 395-50(2) of Schedule 1 to the Act if the Commissioner refers a valuation to a valuer. Item 4 would apply both to the Commissioner seeking an initial valuation from a valuer and the Commissioner seeking the services of a valuer to review a valuation supplied by the applicant.

Note 2:

The charge for this service may be taxable under the A New Tax System (Goods and Services Tax) Act 1999 . As a result, while the amount the Commissioner can charge for making or reviewing a valuation must be equal to the amount the Commissioner was required to pay for making or reviewing the valuation, the Commissioner can also charge the applicant GST for the service.

[ CCH Note: The reference to " subsection 395-50(2) " in the second paragraph of Note 1 is presumably intended to be to 359-50(2).]

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