Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p13
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 13/14)
Character Range: 1669020–1671555

venture operator of a *GST joint venture; or
 (iii) the *representative of an *incapacitated entity; and
 (b) an entity (the member entity) that is:
 (i) a *member of the GST group; or
 (ii) a *participant in the GST joint venture; or
 (iii) the incapacitated entity;
if, and only if, both the representative entity and the member entity rely on the ruling by acting (or omitting to act) in accordance with the ruling.
 (6) Subsection (5) applies if:
 (a) the ruling applies to the member entity; and
 (b) the ruling relates to what would be:
 (i) a liability of the member entity to *indirect tax; or
 (ii) an entitlement of the member entity to a credit (other than a *fuel tax credit) under an *indirect tax law; or
 (iii) an *increasing adjustment, a *decreasing adjustment, or a luxury car tax adjustment (within the meaning of the *Luxury Car Tax Act), that the member entity has;
  if the rules in the indirect tax law relating to *GST groups, *GST joint ventures or *incapacitated entities did not apply; and
 (c) because of those rules:
 (i) if that indirect tax were payable, it would be payable by the representative entity; or
 (ii) if there was an entitlement to that credit, it would be an entitlement of the representative entity; or
 (iii) if any entity had that adjustment, it would be an adjustment that the representative entity had.

357‑65  Stopping relying on a ruling
 (1) You can stop relying on a ruling. You do this by acting (or omitting to act) in a way that is not in accordance with the ruling.
Note: There is no penalty for a shortfall resulting from failing to follow a ruling. However, there are penalties for shortfalls resulting from failing to take reasonable care, and from taking a position about a large income tax item that is not reasonably arguable: see Division 284.
 (2) You may stop relying on a ruling at any time unless prevented from doing so by a time limit imposed by a *taxation law.
 (3) Having stopped relying on a ruling, you may rely on the ruling again unless prevented from doing so by a time limit imposed by a *taxation law.

357‑70  Commissioner may apply the law if more favourable than the ruling
 (1) The Commissioner may apply a relevant provision to you in the way it would apply if you had not relied on a ruling if:
 (a) doing so would produce a more favourable result for you; and
 (b) the Commissioner is not prevented from doing so by a time limit imposed by a *taxation law.
 (2) The Commissioner does not have a duty to consider whether to apply subsection (1) to