Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p6
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 6/7)
Character Range: 1685749–1688473

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:
 (a) if the ruling is not an *indirect tax or excise ruling—the beneficiaries of the trust; and
 (b) in any case—another trustee who is appointed to replace a trustee.

359‑35  Dealing with applications
 (1) The Commissioner must comply with an application for a *private ruling and make the ruling. However, this obligation is subject to subsections (2) and (3).
 (2) The Commissioner may decline to make a *private ruling if:
 (a) the Commissioner considers that making the ruling would prejudice or unduly restrict the administration of a *taxation law; or
 (b) the matter sought to be ruled on is already being, or has been, considered by the Commissioner for you; or
 (c) both:
 (i) the relevant provision to which the ruling would relate is about *Australian IIR/UTPR tax or *Australian DMT tax; and
 (ii) the Commissioner considers that it would not be reasonable to comply with the application.
 (3) The Commissioner may also decline to make a *private ruling if the matter sought to be ruled on is how the Commissioner would exercise a power under a relevant provision and the Commissioner has decided or decides whether or not to exercise the power.
Example: Michael applies for a private ruling on the way in which the Commissioner might exercise the Commissioner's discretion under section 255‑10 (deferring the payment time). Rather than make the ruling, the Commissioner decides to defer the time at which an amount would otherwise be payable by Michael.
Note: The Commissioner may also decline to make a private ruling if:
(a) the Commissioner has requested the applicant to give further information under section 357‑105 and the applicant has not given it to the Commissioner within a reasonable time; or
(b) the Commissioner considers that the correctness of a private ruling would depend on which assumptions were made about a future event or other matter (see section 357‑110).
 (4) The Commissioner must give the applicant written reasons for declining to make a *private ruling.

359‑40  Valuations
 (1) If making a *private ruling would require determining the value of any thing, the Commissioner may:
 (a) refer the valuation to a valuer; or
 (b) refer a valuation provided by the applicant to a valuer for review.
Note: The Commissioner may request further information: see section 357‑105.
 (2) If the Commissioner refers the valuation to a valuer, the Commissioner must tell the applicant that he or she has done so.
 (3) When the valuer has completed its work in relation to