Document ID: chunk:federal_register_of_legislation:C2006C00470:clause:2_3:p2
Version: federal_register_of_legislation:C2006C00470
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 2/7)
Character Range: 55541–58463

that further information is required to make a *private ruling or an *oral ruling, the Commissioner must request the applicant to give that information to him or her.

Note: The Commissioner should make a private ruling within 60 days. However, if the Commissioner requests further information under this section, that period is extended: see subsection 359‑50(2).

 (2) The Commissioner may decline to make the ruling if the applicant does not give the information to the Commissioner within a reasonable time.

Note: The Commissioner must give the applicant written reasons for declining to make a private ruling: see section 359‑35.

357‑110  Assumptions in making private or oral ruling

 (1) If the Commissioner considers that the correctness of a *private ruling or an *oral ruling would depend on which assumptions were made about a future event or other matter, the Commissioner may:
 (a) decline to make the ruling; or
 (b) make such of the assumptions as the Commissioner considers to be most appropriate.

 (2) Before making the ruling, the Commissioner must:
 (a) tell the applicant which assumptions (if any) the Commissioner proposes to make; and
 (b) give the applicant a reasonable opportunity to respond.

Note: The Commissioner should make a private ruling within 60 days. However, if the Commissioner tells the applicant about assumptions the Commissioner proposes to make under this section, that period is extended: see subsection 359‑50(2).

357‑115  Additional information provided by applicant

  In considering an application for a *private ruling or an *oral ruling, the Commissioner may take into account additional information provided by the applicant after the application was made (whether in response to a request under section 357‑105 or otherwise).

357‑120  Commissioner may take into account information from third parties

  In making a *private ruling or an *oral ruling, the Commissioner may take into account any relevant information provided by an entity other than the applicant (whenever it was provided) if the Commissioner:
 (a) tells the applicant what that information is and that the Commissioner intends to take the information into account; and
 (b) gives the applicant a reasonable opportunity to respond before making the ruling.

Note: The Commissioner should make a private ruling within 60 days. However, if the Commissioner tells the applicant about third party information under this section, that period is extended: see subsection 359‑50(2).

357‑125  Applications and objections not to affect obligations and powers

  The fact that you have applied for a *private ruling or an *oral ruling, or have made an objection against a private ruling, does not affect:
 (a) your obligation to lodge a return or do anything else; or
 (b) the Commissioner's power to make or amend an assessment or do anything else.

Division 358—Public rulings

Guide to Division 358