Provision of Legal Advice

Public rulings

A statement published on the SRC website by the Commissioner General, to make public SRC’s interpretation on the application of a revenue law.
Apart from this website, public rulings are shared with all tax professionals and relevant persons.
All public rulings are clearly marked under the title ‘public rulings’ and are withdrawn in whole or part through a notice published on this website.

• Procedure – Before a public ruling is officially published, a ‘draft public ruling’ will be circulated for comments. Taxpayers are advised not to rely on the ‘draft public ruling’ as the draft is only the preliminary views of the Commissioner General until the formal public ruling is published.
• Level of protection – A public ruling is binding on the Commissioner General from the time it is published or based on the duration as specified in the ruling, until withdrawn but it is not binding on a taxpayer.
  Where the taxpayer does not follow the ruling and incorrectly applies specific provision as advised in the ruling, the Commissioner General reserves the right to apply penalties and surcharges as prescribed under the law on the taxpayer.
• Right to object – Taxpayers cannot object to a public ruling.

Private rulings

A private ruling is a written expression from the Commissioner General regarding the Seychelles Revenue Commission (SRC) application of a revenue law relating to a transaction entered or proposed to be entered into by a taxpayer.

• Procedure – A taxpayer seeking a private ruling must submit a request in writing to the Commissioner General to obtain the necessary advice on how to apply a revenue law to their particular circumstance.
  Private rulings are withdrawn in whole or part by written notice served to the taxpayer only.
• Level of protection – A private ruling is binding on the Commissioner General provided the taxpayer has made a full and true disclosure covering of all aspects of the transaction to the Commissioner General and has proceeded with the transaction as described in the ruling (by acting, or omitting to act, in accordance with it).
  Note, the Commissioner General is bound to assess taxpayers in relation to a particular matter as set out in the private ruling. A private ruling is not binding on the taxpayer to whom it was issued. If a private ruling is inconsistent with an existing public ruling, the private ruling has priority to the extent of the inconsistency.
  Where the taxpayer does not follow the private ruling and incorrectly applies specific provision as advised in the private ruling, the Commissioner General reserves the right to apply penalties and surcharges as prescribed under the law on the taxpayer.
  As a private ruling is law applied to specific facts and circumstances, if the facts in the advice do not align with the actual circumstances, the advice may be deemed as void.
• Right to object – Taxpayers not agreeing to a private ruling can object to the ruling on the basis of facts or laws.

General guidance

A written notice issued through Seychelles Revenue Commission (SRC) publications or to individual taxpayers providing information relating to their obligations and entitlements under the laws administered by SRC.

• Procedure – A general guidance is issued in writing by the Commissioner General to the taxpayer due to insufficient information received from the taxpayer upon request for a private ruling, or following an enquiry received about the applicability of a revenue law.
  Prior to publishing the general guidance with the taxpayer, the Commissioner General will share an edited version of the guidance with the taxpayer for their comments.
  An edited version of the general guidance will be published on this website for public information without revealing the taxpayer’s identity.
• Level of protection – General guidance is not binding on the Commissioner General or the taxpayer. If the general guidance is inaccurate, the taxpayer can be liable for revenue, contrary to the general advice provided.
  Where the taxpayer does not follow the general guidance and incorrectly applies specific provision under the guidance, the Commissioner General reserves the right to apply penalties and surcharges as prescribed under the law.
• Right to object – Taxpayers cannot object against the general guidance but can object to the advice stipulated therein once published.