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.
A self assessor, Mr Z, acts for a purchaser, Mr X, in the purchase of a residence. The purchaser falsely advises the self assessor that he intends to use the residence as his principal residence. The self assessor lodges a transaction statement claiming the home concession for his client. The self assessor does not know that the purchaser actually intends to rent the residence.
Sanction: No prosecution on the self assessor as the false statement is the party’s, and the self assessor had no knowledge, or reason to believe, that the statement was false. Action will be taken against the client.
A self assessor’s spouse, Mrs Z, purchases a residence for investment purposes. The self assessor prepares and lodges a transaction statement claiming the home concession for his spouse.
Sanction: Prosecution of the self assessor, as the self assessor is a party to the false statement.
A self assessor acting for a client, who is purchasing an investment property, receives funds for the payment of duty on the purchase. The client does not know that the self assessor lodges a transaction statement claiming a home concession, and the self assessor fraudulently retains the client’s funds (i.e. the difference between the normal transfer duty payable and the transfer duty home concession).
Sanction: Prosecution of the self assessor as the self assessor is directly responsible for the false statement.
Commissioner of State Revenue
Date of issue: 12 November 2018
|Public Ruling||Issued||Dates of effect|
|DA000.2.7||12 November 2018||12 November 2018||Current|
|DA000.2.6||11 December 2015||11 December 2015||11 November 2018|
|DA000.2.5||29 May 2014||29 May 2014||10 December 2015|
|DA000.2.4||3 July 2012||1 July 2012||28 May 2014|
|DA000.2.3||12 August 2011||1 August 2011||30 June 2012|
|DA000.2.2||3 July 2009||3 July 2009||31 July 2011|
|DA000.2.1||24 February 2009||24 February 2009||2 July 2009|
|Supersedes Revenue Ruling DA 20.3||14 July 2008||1 July 2008||23 February 2009|