Article 12. Rulings and Interpretations

  1. The Tax Administration shall not maintain secret positions on the interpretation of legislation, or based on fiscal data, and where the Tax Administration adopts a position, it shall be published and made generally available to Taxpayers and Tax Advisors.
  2. A Taxpayer or a Tax Advisor may apply for a technical interpretation on a matter, and the Tax Administration shall normally respond within a reasonable period of time.
  3. A rulings process shall be in place whereby a Taxpayer or a Tax Advisor may apply to the Tax Administration for a ruling on the operation of the taxation law as it affects a Taxpayer, and seek internal review of or appeal an unfavourable ruling.
  4. Such a ruling shall be binding on the Tax Administration to the extent of the specific rulings given or arising from internal review or appeal of the ruling, unless the facts are subsequently found to be materially different in respect of the reasonable application of the positions in the ruling.
  5. Published interpretations of Tax matters shall be binding on the Tax Administration unless and until withdrawn.