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Income Tax Act, 1962 (Act 58 of 1962)

Chapter III: General Provisions

Part IA: Advance Tax Rulings

76Q. Binding Private Rulings (Repealed)

 

 

[Repealed by the Tax Administration Act, 2011 (Act No. 28 of 2011)].

 

1) The Commissioner may issue binding private rulings regarding the application or interpretation of a provision or provisions of the Act to a proposed transaction upon application by a person in accordance with the requirements of section 76E.

 

2) The Commissioner may make a binding private ruling subject to such conditions and assumptions as may be prescribed in the ruling.

 

3) The Commissioner must provide an applicant with a reasonable opportunity to consult if, based upon the application and any additional information received, it appears that the content of the binding private ruling to be made would differ materially from the proposed ruling sought by the applicant.

 

4) The Commissioner must issue the final binding private ruling to the applicant at the address shown in the application unless the applicant provides other instructions, in writing, before the ruling is issued.

 

5) A binding private ruling may be issued in such manner and in such form as the Commissioner may prescribe,

: Provided that it must state the following—

a) a statement identifying it as a binding private ruling made under this section;
b) the name, tax number, and postal address of the applicant;
c) the relevant statutory provisions or issues;
d) a description of the proposed transaction;
e) the specific ruling made;
f) any assumptions made or conditions imposed by the Commissioner in connection with the validity of the ruling; and
g) the period for which the ruling is valid.

 

6) Subject to the requirements of section 76O, binding private rulings must be published in such manner and in such form as the Commissioner may prescribe.

 

7) Prior to final publication, the Commissioner must provide the applicant with a draft copy of the edited ruling for review and comment.