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Income Tax Act, 1962 (Act 58 of 1962)

Chapter III: General Provisions

Part IA: Advance Tax Rulings

76J. Applicability of advance tax rulings (Repealed)

 

 

[Repealed by the Tax Administration Act, 2011 (Act No. 28 of 2011)].

 

1) For purposes of section 76H, an advance tax ruling applies to a person only if all of the following conditions have been satisfied—
a) the provision or provisions of the Act at issue are the subject of the advance tax ruling;
b) the set of facts and circumstances or the transaction presented by the person are the same as the particular set of facts and circumstances or the particular transaction specified in the advance tax ruling;
c) the person’s set of facts and circumstances or transaction fall entirely within the effective period for the effective period of the advance tax ruling; and
d) any assumptions made or conditions imposed by the Commissioner in connection with the validity of the advance tax ruling have been satisfied or carried out.

 

2) In addition to the requirements set forth in subsection (1) of this section—
a) in the case of a binding private ruling, the ruling applies to a person only if that person is the applicant identified in the ruling; and
b) in the case of a binding class ruling, the ruling applies to a person only if that person is either the applicant identified in the ruling or a class member identified in the ruling.