Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:3_1:p1
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 1/5)
Character Range: 111908–114569

1  At the end of Schedule 1
Add:

[The next Division is Division 360.]

Part 5‑5—Rulings

Division 360—Oral rulings for individuals

Table of Subdivisions

 Guide to Division 360

360‑A  Applying for an oral ruling

360‑B How the Commissioner is to deal with the application

360‑C When Commissioner must or can refuse the application

360‑D Miscellaneous

Guide to Division 360

360‑1  What this Division is about

       An individual can apply to the Commissioner for an oral ruling about a limited range of matters under an income tax law.

360‑5  Outline of this Division

 (1) The procedure you need to follow in applying for an oral ruling is set out in Subdivision 360‑A.

 (2) Before making the ruling, the Commissioner must be satisfied that your tax affairs, and your inquiry, meet certain tests.

See sections 360‑65 and 360‑100.

 (3) There are further matters that may prevent the Commissioner from making the ruling. Important examples are:
 (a) during the relevant period you were carrying on a business;
 (b) during the relevant period you made payments from which you had to withhold amounts under Part 2‑5 (PAYG withholding).

See Subdivision 360‑C.

 (4) An oral ruling is binding on the Commissioner, but only you can rely on it.

See sections 170BCA, 170BDA, 170BDB and 170BDC
of the Income Tax Assessment Act 1936.

 (5) You are not bound by an oral ruling.

Subdivision 360‑A—Applying for an oral ruling

Table of sections

360‑20 Application for oral ruling about your own tax
360‑25 Application for oral ruling about someone else's tax
360‑30 What the application can cover
360‑35 How the application is to be made
360‑40 Further information may be sought

360‑20  Application for oral ruling about your own tax

  If you are an individual, you may apply to the Commissioner for a ruling on the way in which, in the Commissioner's opinion, an *income tax law would apply to you in respect of an income year in relation to an *oral ruling arrangement.

360‑25  Application for oral ruling about someone else's tax

 (1) You may apply to the Commissioner, on another person's behalf, for a ruling on the way in which, in the Commissioner's opinion, an *income tax law would apply to the other person in respect of an income year in relation to an *oral ruling arrangement.

 (2) However, you may do so only if the other person is an individual, and:
 (a) the other person is under 18 and is your *child; or
 (b) the other person is under 18 and you have in relation to him or her all the duties, powers, responsibilities and authority which, by law, a parent has in relation to his or her child; or
 (c) the other person is