32
(b) if modification, a summary of the changes made; and
(c ) the effective date (which may be a retrospective date) of the withdrawal or
modification.
(3) If the advance tax ruling is either a binding private ruling or a binding class ruling,
the Commissioner-General must first provide the applicant with notice of the proposed
withdrawal or modification and a reasonable opportunity to state any proposition of law or
fact relevant to the decision to withdraw or modify the ruling.
Binding general rulings
10.(1) The Commissioner may, at any time, make binding general rulings.
(2) A binding general ruling may be effective for either—
(a) a particular year of assessment or other definite period; or
(b) an indefinite period.
(3) A binding general ruling must state—
(a) that it is a binding general ruling made under this paragraph; and
(b) the provisions of the Act which are the subject of the binding general ruling; and
(c ) either—
(i) the year of assessment or other definite period for which it applies; or
(ii) in the case of a binding general ruling for an indefinite period, that it is for
an indefinite period and the date or year of assessment from or beginning
with which it applies.
(4) Subject to subparagraph (3), binding general rulings may be issued in such form
and in such manner as the Commissioner-General may prescribe, including but not limited
to interpretation notes and practice notes.
(5) A publication or other written statement shall not be considered as a binding
general ruling unless it contains the information prescribed by subparagraph (3).
Binding private rulings
11.(1) The Commissioner-General may issue binding private rulings regarding the
application or interpretation of any of the provisions of this Act to a proposed transaction
upon application by a person in accordance with paragraph 2.
(2) The Commissioner-General may make a binding private ruling subject to such
conditions and assumptions as may be prescribed in the ruling.
(3) The Commissioner-General must provide an applicant with a reasonable
opportunity to consult if, based upon the application and any additional information
received, it appears that the content of the binding private ruling to be made would differ
materially from the proposed ruling sought by the applicant.
(4) The Commissioner-General must issue the final binding private ruling to the
applicant at the address shown in the application unless the applicant provides other
instructions, in writing, before the ruling is issued.
Select target paragraph3
Add to table of contents