A private ruling is binding advice from the Australian taxation Office (ATO) that sets out how a tax law applies to you in relation to a specific scheme or circumstance.
A private ruling can be applied for to be certain how a tax law applies to specific circumstances.
The ATO usually makes a private ruling in response to an application by, or on behalf of, a particular entity. Each private ruling is specific to an entity, and can't be relied on by another entity.
You can apply for a private ruling about:
- your own affairs
- the affairs of another entity (including a person) if you're their agent or legal personal representative.
The ATO publishes edited versions of all written binding advice that it issues to the ATO Legal database. This enhances the integrity and transparency of the private ruling system, and confirms it is their official advice.
The advice is edited to protect the secrecy and privacy of the applicant, and the applicant has the opportunity to review the edited version before it is published.
Summarised below is the list of private binding rulings given by the ATO since 1 July 2020, as appearing in the Super News:
|Private Binding Ruling number||Topic||Detail|
|1051754180223||Superannuation benefits||Whether payment made by the Deceased’s fund a superannuation death benefit – member passed away after requesting payment but before payment was made|
|1051777008391||Lump sum payment from a foreign pension fund||Applicable fund earnings included in assessable earnings|
|1051777356138||Superannuation – employees||Are the board members of a charity employees for the purposes of Superannuation?|
|Undeducted purchase price of a foreign pension or annuity||Entitled to an undeducted purchase price deductible amount|
|Lump sum payment from a foreign superannuation fund||Drawdown payments from UK pension scheme be taxed in Australia as lump sum payments|
|1051737175144||Downsizer contributions||Criteria for a downsizer contribution not being met|
|Death benefits||Interdependency and death benefits dependant|
|1051750580196||Pension Tax Bonus||Whether allocation of a Pension Tax Bonus to a member's account is an assessable contribution|
|1051753300670||Superannuation funds – deductions||Deductibility of financial market course and subscriptions|
|1051748435655||Reportable employer superannuation contributions||Employees do not have the ‘capacity to influence’ the amount of their employer contributions, for the purpose of those contributions meeting the definition of reportable employer superannuation contributions|
|1051744010145||Superannuation death benefits||Whether parent is death benefits dependent due to interdependency|
|1051731834033||Allocation from a superannuation reserve to a member||Will the allocation of an amount to a member from a reserve account which previously supported a pension be a concessional contribution?|
|1051727307516||Superannuation - downsizer contributions||Eligibility to make a downsizer contribution where disposal of part of an ownership interest in a dwelling under an equity release arrangement|
|1051733683090||Superannuation death benefits||Are death benefit beneficiaries dependents due to an interdependency relationship?|
|1051675018968||Interdependency||Are Beneficiaries death benefit dependents of the Deceased by virtue of being in an interdependency relationship|
|1051524850965||Non-concessional contributions and CGT small business concessions||Superannuation contribution made within 30 days after the date of settlement a valid contribution|
|1051674967760||Constitutionally protected superannuation fund & Division 293||SG contributions made to constitutionally protected superannuation fund & effect on Div 293 tax|
|1051673728794||Non-concessional contributions arising from structured settlements||Is contribution a payment arising from a structured settlement for personal injury and be excluded from being a non-concessional contribution|
|1051674437545||Superannuation death benefits||Are benefits withdrawn prior to death due to terminal illness death benefits or superannuation member benefit|
|1051687414810||Australian pension||Is Australian pension assessable while a foreign resident|
|1051756432255||Deductibility of personal superannuation contributions||Notice of Intent not provided to Trustee in accordance with ITAA subsection 290-170(1).|