31
(b) in the case of a binding class ruling, the ruling applies to a person only if that
person is either the applicant identified in the ruling or a class member identified
in the ruling
Rulings rendered void due to fraud, misrepresentation, etc.
7.(1) A binding private ruling or a binding class ruling is nullified under any of the
following circumstances—
(a) the facts stated in the application regarding the proposed transaction are
materially different from the transaction actually carried out; or
(b) there is a misrepresentation or wilful nondisclosure of a material fact; or
(c) any condition or assumption stipulated by the Commissioner-General as a
condition of the issue or binding effect of the ruling is not satisfied or carried
out.
(2) For purposes of this paragraph, a fact is considered material if it would have
resulted in a different ruling had the Commissioner-General been aware of it when the
original ruling was made.
Impact of subsequent changes in tax law
8(1) An advance tax ruling ceases to be effective upon the occurrence of any of the
following circumstances—
(a) if the provision of the Act that was the subject of the advance tax ruling is
repealed or amended, the advance tax ruling will cease to be effective from the
date such repeal or amendment is effective;
(b) if a court overturns or modifies an interpretation of the Act on which the advance
tax ruling is based, the advance tax ruling will cease to be effective from the date
of the court’s judgment unless—
(i) the decision is under appeal; or
(ii) the decision is fact-specific and the general interpretation upon which the
advance tax ruling was based is unaffected; or
(iii) the reference to the interpretation upon which the advance tax ruling was
based was obiter dicta.
(2) An advance tax ruling ceases to be effective immediately upon the occurrence of
the circumstances described in subparagraph (1), whether or not the Commissioner-General
publishes a notice of withdrawal or modification.
Withdrawal or modification
9.(1) Subject to this paragraph, the Commissioner-General may withdraw or modify an
advance tax ruling at any time.
(2) Notification of the withdrawal or modification of an advance tax ruling must be
communicated in such a manner as the Commissioner-General considers will notify the
persons affected by it and must include the following information—
(a) the title or number of the advance tax ruling being withdrawn or modified; and
Select target paragraph3
Add to table of contents