Ruling on general questions

-1 86. Ruling on general questions.

1. (1) The Commissioner may by notice in the Official Gazette publish his ruling on the answer to any question involving the interpretation of this Act or application of this Act to a class of persons or class of transactions.
2. (2) A ruling issued by the Commissioner under this section may be issued subject to such restrictions and conditions as the Commissioner may deem fit.
3. (3) The ruling shall be treated as coming into effect on the date stated in the ruling (which may be a date prior to the publication of the ruling) or, if no date is stated in the ruling, on the date of publication of the Official Gazette.
4. (4) Where
   • (a) the Commissioner has published a ruling in respect of a class of persons or transactions;
   • (b) a person implements a transaction or undertakes any action in reliance on the ruling;
   • (c) the ruling has, at the time of implementing the transaction or undertaking the action, not been withdrawn by the Commissioner; and
   • (d) according to the terms of the ruling, the ruling purports to applies to the transaction or action undertaken by the person; no assessment may be raised by the Commissioner against that person which is inconsistent with the ruling and no penalty may be imposed on the person if the ruling is later held incorrect. Explanation.