91CBBinding rulings on certain matters

1. The Commissioner may make a private ruling or a short-process ruling on whether a person meets the requirements of the Income Tax Act 2007 or the Goods and Services Tax Act 1985 that affect or define the status of a person for the purposes of either or both those Acts. Examples include—

2. whether a person carries on business through a permanent establishment or a fixed establishment:
3. whether a person is resident or non-resident:
4. whether 2 persons are associated:
5. whether a person is a non-profit body for the purposes of the Goods and Services Tax Act 1985:
6. whether a person is a unit trust:
7. whether a person is a portfolio investment entity.

8. The Commissioner may make a binding ruling on whether an item of property is—

9. trading stock as that term is defined in section YA 1 of the Income Tax Act 2007:
10. revenue account property as that term is defined in section YA 1 of that Act.

11. The Commissioner may make a binding ruling as to whether—

12. an amount that a person derives from disposing of personal property is income of the person under section CB 4 of the Income Tax Act 2007:
13. an amount that a person derives from disposing of land is income of the person under section CB 6 or CB 7 of that Act:

15. Despite sections 91E to 91EJ, and 91F to 91FK, a binding ruling made under this section does not require a reference to an arrangement in order for the application of the ruling to be effective.