A public ruling, when issued, is the published view of the Commissioner of State Revenue (the Commissioner) on the particular topic to which it relates. It therefore replaces and overrides any existing private rulings, memoranda, manuals and advice provided by the Commissioner in respect of the issue(s) it addresses.
Where a change in legislation or case law (the law) affects the content of a public ruling, the change in the law overrides the public ruling—that is, the Commissioner will determine the tax liability or eligibility for a concession, grant or exemption, as the case may be, in accordance with the law.
Example 1—Reassessment under s.153 of the Duties Act
Mark and Jane are de facto partners and enter into a contract for the purchase of a home. Mark and Jane are both eligible for the transfer duty home concession for the transaction and pay the duty assessment accordingly. Mark and Jane both occupy the home within 1 year of the transfer date. However, Mark and Jane separate, and within 3 months of occupation, Mark moves out of the property and transfers his interest to Jane. Jane continues to reside in the property and eventually satisfies the occupancy requirements. A reassessment under s.153 of the Duties Act is issued to Mark, but not Jane.
Example 2—Reassessment under s.154 of the Duties Act
Jack and Dennis, two brothers, enter into a contract for the purchase of their first home. Jack and Dennis are both eligible for the transfer duty first home concession for the transaction and pay the duty assessment accordingly. Before occupation of the property, Dennis accepts a job overseas. Dennis never moves into the property and instead sells his share in the property to his parents. Jack moves into the home and subsequently satisfies the occupancy requirements. A reassessment under s.154 of the Duties Act is issued to Dennis, but not Jack.
Commissioner of State Revenue
Date of issue: 12 December 2016
|Public Ruling||Issued||Dates of effect|
|DA000.11.3||12 December 2016||12 December 2016||Current|
|DA000.11.2||3 July 2012||1 July 2012||11 December 2016|
|DA000.11.1||12 September 2011||12 September 2011||30 June 2012|
|Supersedes Revenue Ruling DA23.2||2 January 2007||1 January 2007||23 February 2009|