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Tax Administration Act, 2011 (Act No. 28 of 2011)

Chapter 7 : Advance Rulings

89. Binding general rulings


(1) A senior SARS official may issue a "binding general ruling" that is effective for either—
(a) a particular tax period or other definite period; or
(b) an indefinite period.


(2) A "binding general ruling" must state—
(a) that it is a "binding general ruling" made under this section;
(b) the provisions of a tax Act which are the subject of the "binding general ruling"; and
(c) either—
(i) the tax period or other definite period for which it applies; or
(ii) in the case of a "binding general ruling" for an indefinite period, that it is for an indefinite period and the date or tax period from which it applies.


(3) A "binding general ruling" may be issued as an interpretation note or in another form and may be issued in the manner that the Commissioner prescribes.


(4) A publication or other written statement does not constitute and may not be considered or treated as a "binding general ruling" unless it contains the information prescribed by subsection (2).