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Mr. Christophe J Waerzeggers and Mr. Cory Hillier
Advance tax rulings are a common feature of mature tax systems. The tax systems of the United States, the United Kingdom, the Netherlands, Germany, Australia, and South Africa all have established ruling practices. Taxpayers can obtain an advance tax ruling in nearly all OECD member countries. Increasingly, many non-OECD countries are also offering advance tax rulings. An advance tax ruling regime seeks to promote clarity and consistency regarding the application of the tax law for both taxpayers and the tax authority. However, there are also inherent risks associated with the proliferation of granting confidential advance tax rulings which are not published or otherwise reported. This Tax Law IMF Technical Note focuses on designing an advance tax ruling regime in the nature of private tax rulings.
Mr. Christophe J Waerzeggers and Mr. Cory Hillier

Luxembourg’s tax treatment of McDonald’s, IP/15/6221. 11 While not all the features discussed here are necessarily regulated in a country’s formal ruling procedure, they are common. For instance, while the Belgian private ruling regime does not stipulate that the tax authority must notify the applicant of an impending positive or negative decision, this is de facto what happens through an informal ‘pre-filing’ phase; see Belgian Court of Auditors, below note 17. 12 In most countries private tax rulings are issued by the tax authority. A notable exception is

Mr. Christophe J Waerzeggers and Mr. Cory Hillier

certainty of tax treatment in the context of their particular transaction or dealing on a timely basis. IV. Best Practice Design Features A. Procedural aspects A private advance tax ruling regime should be established and maintained within a legal framework which contains specific provisions or rules governing the operation of that regime . A sample set of provisions establishing an advance tax rulings regime is set out at Appendix B . A private ruling procedure typically involves the following steps: 11 Preparation and filing of application . The

International Monetary Fund. Fiscal Affairs Dept.

enhance the efficiency of revenue collection powers of local authorities, according to the following principles and criteria: a) provision of measures to speed up the settlement of disputes within the tax courts’ jurisdiction, providing to this end for preliminary-ruling procedures to settle small pecuniary disputes. b) extension of the conciliation proceedings to the appellate stage and to the judgment for revision; c) enhancement of the tax courts’ efficiency through a redeployment of court staff on the territory; d) review of the legislation governing the

International Monetary Fund. Fiscal Affairs Dept.

obligations (registration, filing, payment, and reporting of information in tax declarations), tailored to the needs of key taxpayer segments, industry groups, intermediaries, and disadvantaged groups, is available at minimal or no cost to taxpayers and intermediaries. It is available through a variety of user-friendly, cost-effective service delivery channels (e.g., telephone, website, brochures, fact sheets, and rulings). Procedures are in place, and dedicated technical staff are assigned, to ensure information is current. Taxpayers are made aware of changes in the law or

International Monetary Fund. Fiscal Affairs Dept.
The contents of this report constitute technical advice provided by the staff of the International Monetary Fund (IMF) to the authorities of Italy (the “TA recipient”) in response to their request for technical assistance. This report (in whole or in part) or summaries thereof may be disclosed by the IMF to IMF Executive Directors and members of their staff, as well as to other agencies or instrumentalities of the TA recipient, and upon their request, to World Bank staff and other technical assistance providers and donors with legitimate interest, unless the TA recipient specifically objects to such disclosure (see Operational Guidelines for the Dissemination of Technical Assistance Information: http://www.imf.org/external/np/pp/eng/2009/040609.pdf">http://www.imf.org/external/np/pp/eng/2009/040609.pdf). Disclosure of this report (in whole or in part) or summaries thereof to parties outside the IMF other than agencies or instrumentalities of the TA recipient, World Bank staff, other technical assistance providers and donors with legitimate interest shall require the explicit consent of the TA recipient and the IMF’s Fiscal Affairs Department.
International Monetary Fund. Fiscal Affairs Dept.
This FAD mission reviewed recent progress to improve tax administration and identified areas of priority tax administration modernization for 2019–23. The MEF has been implementing the RMS, a major component of which is the strengthening of the administration of the GDT. As the RMS ends in 2018, the MEF is now developing the next phase of reforms to strengthen the revenue system of Cambodia over the period 2019 to 2023. The GDT has made significant progress with implementing the RMS measures under its responsibility, and achieved extremely positive revenue growth and collections. The GDT has completed 71 out of the 86 RMS tax administration measures; the remaining 15 are under active progress. Since 2012, the GDT has routinely exceeded its revenue targets, and year-on-year revenue growth has far exceeded the annual levels of economic growth. Cambodia’s 2017 tax-to-GDP ratio of 17.2 percent is now comparable with many regional countries.
Frans Vanistendael

of Jan. 13, 1941. Act No. 87–502 of July 8, 1987, introduced an optional ruling procedure (known as rescrit ) for its application. 156 Acte de gestion anormale . 157 See FRA LPF art. L. 64 (stating “les actes qui dissimulent la portée véritable d’un contrat ou d’une convention …”). 158 Judgment of June 10, 1981, No. 19,079, Conseil d’Etat, Lebon 248; Judgment of Apr. 19, 1988, No. 86.19079, Cour de cassation, Chambre commerciale, Revue de jurisprudence fiscale 1989, No. 2, at 47. See also Cyrille David et al., Les grands arrêts de la