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(or, in the case of a binding class ruling, in relation to the applicant
or any class member); or
B. the subject of any draft legislation; or
C. pending before the courts.
(2) In addition to the rejections set forth in subparagraph (1), the Commissioner may
reject any application regarding or in respect of the following—
(a) the application or interpretation of any general or specific anti-avoidance
provision; or
(b) an issue—
(i) that is inherently or distinctly factual in nature; or
(ii) in respect of which material facts cannot be established at the time of
application; or
(iii) the resolution of which would depend upon assumptions to be made
regarding a future event or other matters which cannot be reasonably
determined at the time of the application; or
(iv) which would more appropriately dealt with by the competent authorities of
the parties to the agreement for the avoidance of double taxation; or
(v) which is the same as or substantially similar to an issue upon which the
applicant has already received a ruling; or
(vi) in which the tax treatment of the applicant is dependent upon the tax
treatment of another party to the proposed transaction and that other party
has not applied for a ruling; or
(vii) in respect of a transaction that is part of another transaction which has a
bearing on that issue and the details of that other transaction have not been
disclosed;
or
(c) a matter the resolution of which would be unduly time-consuming or resourceconsuming or resource-intensive;
(3) In addition to the rejections set forth in subparagraphs (1) and (2), the
Commissioner-General may publish lists of issues in respect of which applications for
advance tax rulings will not be accepted
(4) If the Commissioner-General requests additional information in respect of or in
connection with an application and the applicant fails or refuses to provide that information,
the Commissioner- General may reject that application without any refund or rebate of any
applicable fees.
Binding effect of advance tax rulings
4.(1) The Commissioner-General must interpret or apply the Act in favour of the
applicant or otherwise in accordance with the advance tax ruling given.
Select target paragraph3
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