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Income Tax Act, 1962 (Act 58 of 1962)

Chapter III: General Provisions

Part IA: Advance Tax Rulings

76R. Binding Class Rulings (Repealed)

 

 

[Repealed by the Tax Administration Act, 2011 (Act No. 28 of 2011)].

 

1) The Commissioner may issue binding class rulings regarding the application or interpretation of a provisions 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 class 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 class ruling to be made would differ materially from the proposed ruling sought by the applicant.

 

4) The Commissioner must issue the final binding class 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 class 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 class ruling made under this section;
b) the name, tax number, and postal address of the applicant;
c) a list or a description of the affected class members;
d) the relevant statutory provisions or issues;
e) a description of the proposed transaction;
f) the specific ruling made;
g) any assumptions made or conditions imposed by the Commissioner in connection with the validity of the ruling; and
h) the period for which the ruling is valid.

 

6) Subject to the requirements of section 76O, binding class 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.

 

8) It is the sole and exclusive responsibility of the applicant to communicate with the affected class members regarding the application for the binding class ruling, the issuance, withdrawal or modification of such ruling, or any other information or matters pertaining to such ruling.