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As enacted
Contents

Part II

107. Private rulings

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

A taxpayer may apply to the Commissioner-General for a private ruling setting out the Commissioner

General’s position regarding the application of this Act to a transaction entered into, or proposed to be entered into, by the taxpayer.

(2)

The Commissioner-General shall appoint a committee of senior officers of the Department known as the

Interpretation Committee to review requests for private rulings and to issue private rulings as appropriate on behalf of the Commissioner-General.

(3)

An application under this section shall be in writing and -

(a)

include full details of the transaction to which the application relates together with all documents relevant to the transaction;

(b)

specify precisely the question on which the ruling is required; and

(c)

give a full statement setting out the opinion of the applicant as to the application of this Act to the transaction.

(4)

Subject to section 108, the Commissioner-General shall, within ninety days of receipt of the application under this section issue a private ruling on the question to the applicant.

(5)

If the taxpayer has made a full and true disclosure of all aspects of the transaction relevant to the making of a private ruling and the transaction has proceeded in all material respects as described in the taxpayer’s application for the private ruling, the private ruling shall be binding on the Commissioner-General as against the taxpayer identified but shall not be binding on the Commissioner-General as against any other taxpayer.

(6)

A private ruling shall not be binding on a taxpayer.

(7)

The Commissioner-General may specify reasonable fees to be charged in relation to an application for a private ruling.