Document ID: chunk:federal_register_of_legislation:C2006C00470:clause:2_1:p3
Version: federal_register_of_legislation:C2006C00470
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 3/4)
Character Range: 49550–52033

relies on the ruling by not withholding an amount from the payment. The Commissioner must not apply the provision in relation to Cecelia in a way that is inconsistent with the ruling (unless Cecelia stops relying on the ruling or the law is more favourable to her: see sections 357‑65 and 357‑70).

Note 1: A ruling about the amount of tax payable that binds the Commissioner provides protection in relation to that amount. There is no shortfall interest charge or tax shortfall penalty payable in respect of that amount as there can be no shortfall in tax payable.

Note 2: A ruling about the operation of a provision would stop applying to you if the provision is repealed, or is amended to have a different effect. However, if the provision is re‑enacted and expresses the same ideas as the old provision, the ruling would still apply: see section 357‑85.

 (2) You may rely on the ruling at any time unless prevented from doing so by a time limit imposed by a *taxation law. It is not necessary to do so at the first opportunity.

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 you, whether he or she is requested to do so by you or by any other entity.

357‑75  Inconsistent rulings

 (1) The rules in this table have effect if:
 (a) a ruling and a later ruling both apply to you; and
 (b) the 2 rulings are inconsistent.
However, the