Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p5
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 5/7)
Character Range: 1683286–1685970

Objections, reviews and appeals relating to private rulings
359‑65 Commissioner may consider new information on objection
359‑70 Successful objection decision alters ruling

Private rulings

359‑5  Private rulings
 (1) The Commissioner may, on application, make a written ruling on the way in which the Commissioner considers a relevant provision applies or would apply to you in relation to a specified *scheme. Such a ruling is called a private ruling.
Note: Section 357‑55 specifies the relevant provisions.
 (2) A *private ruling may cover any matter involved in the application of the provision.

359‑10  Applying for a private ruling
 (1) You, your *agent or your *legal personal representative may apply to the Commissioner for a *private ruling.
 (2) An application for a *private ruling must be made in the *approved form.
 (3) You, your *agent or your *legal personal representative may withdraw the application at any time before the ruling is made. The Commissioner must confirm the withdrawal in writing.

359‑15  Private rulings to be given to applicants
  The Commissioner makes a *private ruling by recording the ruling in writing and giving a copy of it to the applicant. The copy may be given electronically.

359‑20  Private rulings must contain certain details
 (1) A *private ruling must state that it is a private ruling.
 (2) A *private ruling must identify the entity to whom it applies and specify the relevant *scheme and the relevant provision to which it relates.
Note 1: The Commissioner must tell the applicant which assumptions the Commissioner made in making the ruling: see section 357‑110.
Note 2: Section 357‑55 specifies the relevant provisions.

359‑25  Time of application of private rulings
 (1) A *private ruling may specify the time from which it begins to apply and the time at which it ceases to apply.
 (2) The specified start time, or end time, may be before, when, or after the *private ruling is made and may be determined by reference to a specified event.
 (3) A *private ruling that does not specify a start time applies from the time when it is made.
 (4) A *private ruling, other than an *indirect tax or excise ruling, that does not specify an end time ceases to apply at the end of the income year or other accounting period in which it started to apply.
Note: A private ruling that:
(a) is an indirect tax or excise ruling; and
(b) does not specify an end time;
 continues to apply until it is overridden by a later indirect tax or excise ruling: see subsection 357‑75(1B).

359‑30  Ruling for trustee of a trust
  A *private ruling given to or for the trustee of a trust and relating to the affairs of the trust also applies to: