What is the Difference between practice note and private rulings?

Answer 1

The Commissioner for Internal Revenue Service is responsible for issuing practice note for the purpose of achieving consistency in the administration of the act 592 and provide guidance to person affected by act 592 (taxpayer) and officers of the IRS.

This allows the taxpayer to know the commissioner's decision in advance. Taxpayers may rely on practice note in determining the tax consequences of their transactions; however, taxpayers must determine for themselves if the facts their cases are substantantially the same as those set forth in the practice note.

Practice Note also act as statements reflecting the internal management practices of the IRS that affect the right and duties of taxpayers. Occasionally they are also used to announce procedures to guide individuals in dealing with the IRS.

On the other hand the commissioner of IRS is responsible for issuing private ruling to clear the question from tax payers where the whole problem and relevant aspects of a transaction are disclosed. In this way the taxpayer is able to plan his business and be able to self asses or project his income for tax purposes. Thus taxpayers who are in doubt about the tax consequences of a contemplated transaction can ask the commissioner of IRS for ruling. It is binding on the commissioner. Where there is an inconsistency between a practice note and a Private ruling, priority is giving to the terms of the private ruling.