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TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES    View history reference

Note: See section 3AA.

Chapter 5 - Administration    View history reference

PART 5-5 - RULINGS  

Division 357 - Object and common rules    View history reference

Subdivision 357-B - Common rules for rulings    View history reference

Rules for all rulings

SECTION 357-75  INCONSISTENT RULINGS  

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357-75(1)  

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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 rules in the table only apply to the extent of the inconsistency, and do not apply to *indirect tax or excise rulings.
Inconsistent rulings (other than indirect tax or excise rulings)
ItemIf the earlier ruling is:And the later inconsistent ruling is:The result is:
1A *public rulingAny rulingYou may rely on either ruling.
2A *private ruling or an *oral rulingA private ruling or an oral rulingIf you informed the Commissioner about the existence of the earlier ruling when you applied for the later ruling, the earlier ruling is taken not to have been made.
   Otherwise, the later ruling is taken not to have been made.
3A *private ruling or an *oral rulingA *public rulingThe earlier ruling is taken not to have been made if, when the later ruling is made:
   (a)the income year or other period to which the rulings relate has not begun; and
   (b)the *scheme to which the rulings relate has not begun to be carried out.
   Otherwise, you may rely on either ruling.

357-75(1A)  

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If:


(a) 2 inconsistent *indirect tax or excise rulings apply to you; and


(b) the rulings are both *public rulings;

then, to the extent of the inconsistency, you may rely on either of the rulings.

357-75(1B)  

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If:


(a) 2 inconsistent *indirect tax or excise rulings apply to you; and


(b) at least one of the rulings is not a *public ruling;

then, to the extent of the inconsistency:


(c) the later ruling is taken to apply from the later of:


(i) the time it is made; and

(ii) the time (if any) specified in the ruling as being the time from which it begins to apply; and


(d) the earlier ruling is taken to cease to apply at that later time.

357-75(2)  

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If 3 or more rulings apply to you and the rulings are inconsistent, apply the rules in this section to each combination of 2 rulings in the order in which they were made.


 



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