‘class’ means-
(a) shareholders, members, beneficiaries or the like in respect of a company, association, pension fund, trust, or the like; or
(b) a group of persons, that may be unrelated and-
(i) are similarly affected by the application of a tax Act to a ‘proposed transaction’; and
(ii) agree to be represented by an ‘applicant’;
87. Publication of advance rulings
(1) A person applying for a ‘binding private ruling’ or ‘binding class ruling’ must consent to the publication of the ruling in accordance with this section.
(2) A ‘binding private ruling’ or ‘binding class ruling’ must be published by SARS for general information in the manner and in the form that the Commissioner may prescribe, but without revealing the identity of an ‘applicant’, ‘class member’ or other person identified or referred to in the ruling.
(3) Prior to publication, SARS must provide the ‘applicant’ with a draft copy of the edited ruling for review and comment.
(4) SARS must consider, prior to publication, any comments and proposed edits and deletions submitted by the ‘applicant’, but is not required to accept them.
(5) An ‘applicant’ for a ‘binding class ruling’ may consent in writing to the inclusion of information identifying it or the ‘proposed transaction’ in order to facilitate communication with the ‘class members’.
(6) The application or interpretation of the relevant tax Act to a ‘transaction’ does not constitute information that may reveal the identity of an ‘applicant’, ‘class member’ or other person identified or referred to in the ruling.
(7) SARS must treat the publication of the withdrawal or modification of a ‘binding private ruling’ or ‘binding class ruling’ in the same manner and subject to the same requirements as the publication of the original ruling.
(8) Subsection (2) does not-
(a) require the publication of a ruling that is materially the same as a ruling already published; or
(b) apply to a ruling that has been withdrawn before SARS has had occasion to publish it.
(9) If an ‘advance ruling’ has been published, notice of the withdrawal or modification thereof must be published in the manner and media as the Commissioner may deem appropriate.
‘class member’ and ‘class members’ means a member or members of the ‘class’ to which a ‘binding class ruling’ applies;
88. Non-binding private opinions
(1) A ‘non-binding private opinion’ does not have ‘binding effect’ upon SARS.
(2) A ‘non-binding private opinion’ may not be cited in any proceedings including court proceedings, other than proceedings involving the person to whom the opinion was issued.
‘non-binding private opinion’ means informal guidance issued by SARS in respect of the tax treatment of a particular set of facts and circumstances or ‘transaction’, but which does not have a ‘binding effect’ within the meaning of section 88;
89. Binding general rulings
(1) A senior SARS official may issue a ‘binding general ruling’ that is effective for either-
(a) a particular tax period or other definite period; or
(b) an indefinite period.
(2) A ‘binding general ruling’ must state-
(a) that it is a ‘binding general ruling’ made under this section;
(b) the provisions of a tax Act which are the subject of the ‘binding general ruling’; and
(c) either-
(i) the tax period or other definite period for which it applies; or
(ii) in the case of a ‘binding general ruling’ for an indefinite period, that it is for an indefinite period and the date or tax period from which it applies.
(3) A ‘binding general ruling’ may be issued as an interpretation note or in another form and may be issued in the manner that the Commissioner prescribes.
(4) A publication or other written statement does not constitute and may not be considered or treated as a ‘binding general ruling’ unless it contains the information prescribed by subsection (2).
‘proposed transaction’ means a ‘transaction’ that an ‘applicant’ proposes to undertake, but has not agreed to undertake, other than by way of an agreement that is subject to a suspensive condition or is otherwise not binding; and
90. Procedures and guidelines for advance rulings
The Commissioner may issue procedures and guidelines, in the form of ‘binding general rulings’, for implementation and operation of the ‘advance ruling’ system.
‘transaction’ means any transaction, deal, business, arrangement, operation or scheme and includes a series of transactions.