Application for a private ruling by the Australian Taxation Office (ATO)
A private ruling is a binding decision by the Australian Taxation Office (ATO) that sets out the ATO’s position on how a tax law applies to you in relation to specific facts and circumstance.
To maximise your chances of success and get the best possible result, you should engage an experienced tax lawyer from King Lawyers to prepare your application for a private ruling by the ATO.
If your application with the ATO is unsuccessful, your only appeal option is usually to take the matter to court. This is a very time-consuming and costly process. Therefore, it would be best to try to avoid this by preparing the best possible application for the ATO’s consideration.
When should you apply for a private ruling by the ATO?
You can apply for a private ruling when you want to be certain on the ATO’s position on how a tax law applies to your particular circumstances.
What issues can a private ruling by the ATO cover?
A private ruling can cover anything involved in the application of a relevant provision of a tax law, including:
- Tax liabilities
- Tax administration
- Conclusions of fact (e.g. tax residency)
How should a private ruling application be made with the ATO?
A private ruling application must be made in writing with the ATO’s approved form.
How long will it take the ATO to issue a private ruling?
Generally, the ATO aims to provide private rulings within 28 calendar days of receiving all the necessary information.
Is a private ruling binding on the ATO?
A private ruling legally binds the ATO if it applies to you and you rely on it.
Tax lawyer to help with your application for a private ruling by the ATO
This content of this article is offered as general information only and should not be relied on as specific legal advice on your application for a private ruling by the ATO.
To get legal advice from King Lawyers on your specific circumstances, please contact us to arrange an initial consultation with our expert tax lawyers.