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Tax Administration Act 1994

Binding rulings - Private rulings

91ED: Disclosure requirements

You could also call this:

"Telling the truth when asking for a tax ruling"

Illustration for Tax Administration Act 1994

When you apply for a private ruling, you must identify yourself. You need to disclose all relevant facts and documents about the arrangement. You also need to state which taxation laws apply and any relevant propositions of law. If your application is about how certain parts of the Income Tax Act 2007 apply, you must send a notice with your application. In this notice, you must say you have examined your application and that the information is comprehensive, to the best of your knowledge. The Commissioner can waive some requirements if they think it is unreasonable for you to comply with them.

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Money and consumer rights > Taxes
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Part 5ABinding rulings
Private rulings

91EDDisclosure requirements

  1. An application for a private ruling must—

  2. identify the applicant; and
    1. disclose all relevant facts and documents relating to the arrangement for which the ruling is sought; and
      1. state the taxation laws in respect of which the ruling is sought; and
        1. state the propositions of law (if any) which are relevant to the issues raised in the application; and
          1. provide a draft ruling.

            1. In the case of an application for a private ruling that relates to how either sections GC 6 to GC 19 or YD 5 of the Income Tax Act 2007 applies, or would apply, the applicant must state in a notice, signed by them and sent to the Commissioner at the same time as the application described in subsection (1), that—

            2. they have examined the application; and
              1. to the best of their knowledge and belief, the information disclosed for the application is comprehensive.

                1. If the Commissioner considers that it would be unreasonable to require the applicant to comply with any of the requirements in paragraphs (c) to (e) of subsection (1), the Commissioner may waive those requirements.

                Notes
                • Section 91ED: inserted (with effect on 1 April 1995), on , by section 10 of the Tax Administration Amendment Act 1995 (1995 No 24).
                • Section 91ED(1B): inserted, on , by section 196 of the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 (2012 No 88).
                • Section 91ED(1B): amended (with effect on 1 July 2018), on , by section 60 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).