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Income Tax Act, 1962 (Act 58 of 1962)

Chapter III: General Provisions

Part IA: Advance Tax Rulings

76E. Form and content of applications (Repealed)

 

 

[Repealed by the Tax Administration Act, 2011 (Act No. 28 of 2011)].

 

1) Subject to the minimum requirements set forth in subsection (2) of this section, an application must be made in such manner and in such form as the Commissioner may prescribe.

 

2) An application must state the following minimum information—
a) the applicant’s name, applicable identification or tax registration number, postal address and telephone number;
b) the name, postal address and telephone number of the applicant’s representative, if any;
c) a complete description of the proposed transaction in respect of which the ruling is sought;
d) a complete description of the impact the proposed transaction may have upon the tax liability of the applicant or, where relevant, any connected person in relation to the applicant, including any and all relevant information regarding the financial or tax implications of the proposed transaction;
e) a complete description of any transactions entered into by the applicant prior to submitting the application or that may be undertaken after the completion of the proposed transaction which may have a bearing on the tax consequences of the proposed transaction or may be considered to be part of a series of transactions involving the proposed transaction;
f) the proposed ruling being sought;
g) the relevant statutory provisions or issues;
h) the reasons why the applicant believes that the proposed ruling should be granted;
i) a statement of the applicant’s interpretation of the relevant statutory provisions or issues, as well as an analysis of any relevant authorities either considered by the applicant or of which the applicant is aware, whether those authorities support or are contrary to the proposed ruling being sought;
j) a statement, to the best of the applicant’s knowledge, that the same or substantially similar issue upon which the ruling is sought is not the subject of an audit, examination, investigation, ruling application, objection and appeal, or other proceeding currently before the Commissioner or the courts involving the applicant or a connected person in relation to the applicant;
k) a draft version of the binding private ruling or binding class ruling to be issued;
l) a description of the information that the applicant believes should be deleted from the final ruling before publication in order to protect the applicant’s confidentiality;
m) the applicant’s consent to the publication of the ruling by the Commissioner in accordance with section 76O; and
n) a statement confirming that the applicant complied with any registration requirements under any Act administered by the Commissioner, with regard to any tax for which the applicant is liable, unless the application concerns a ruling to determine if the applicant must register under any Act administered by the Commissioner; and
o) a statement confirming that all returns required to be rendered by that applicant in terms any Act administered by the Commissioner have been rendered and any taxes, duties or levies due to the Commissioner have been paid or arrangements acceptable to the Commissioner have been made for the submission of any outstanding returns or for the payment of any outstanding taxes, duties or levies.

 

3) In addition to the minimum information required by subsection (2) of this section, an application for a binding class ruling must also state the following minimum information—
a) a description of the class members;
b) the impact the proposed transaction may have upon the liability of the class members or, where relevant, any connected person in relation to the applicant or to any class member; and
c) where the class members are identifiable and number less than 10, a statement confirming that each class member has fully complied with its relevant obligations under any Act administered by the Commissioner or has made arrangements acceptable to the Commissioner to do so.

 

4) The Commissioner may request additional information from an applicant at any time.

 

5) An application must be accompanied by the application fee prescribed by the Commissioner pursuant to section 76F(1).