105‑60 Reliance on Commissioner’s interp

105‑60 Reliance on Commissioner’s interpretation of an indirect tax law (other than a fuel tax law)

(1) This section applies to you if: (a) the Commissioner alters a previous *indirect tax ruling that applied to you; and (b) relying on the previous ruling, you have underpaid a *net amount or an amount of *indirect tax, or the Commissioner has overpaid an amount under section 35‑5 of the *GST Act, in respect of one or more: (i) *taxable supplies or *taxable importations; or (ii) *wine taxable dealings; or (iii) *taxable supplies of luxury cars or *taxable importations of luxury cars; or (iv) *creditable acquisitions or *creditable importations; that happened before the alteration.

Note: For reliance on the Commissioner’s interpretation of a fuel tax law, see Division 357.

(2) Unless the Commissioner is satisfied that you contributed to the giving, or continuing in force, of the earlier ruling by a misstatement or by suppressing a material fact: (a) the underpaid *net amount or *indirect tax ceases to be payable; or (b) the overpaid amount under section 35‑5 of the *GST Act is taken to have been payable in full; from when the previous ruling was made. (3) In deciding whether an *indirect tax ruling applies to you, or whether a ruling has been altered: (a) a *private indirect tax ruling applies only to the entity to whom it was given; and (b) so far as a private indirect tax ruling conflicts with an earlier *public indirect tax ruling, the private indirect tax ruling prevails; and (c) so far as a public indirect tax ruling conflicts with an earlier private indirect tax ruling, the public indirect tax ruling prevails; and (d) an alteration that a later indirect tax ruling makes to an earlier indirect tax ruling is disregarded so far as the alteration results from a change in the law that came into operation after the earlier indirect tax ruling was given.