When is an arrangement considered to be 'materially different' from the arrangement identified in a private or product ruling?

This item considers when an arrangement (the revised arrangement) will be 'materially different' from the arrangement identified in a private or product ruling for the purpose of ss 91EB(2)(a) and 91FB(2)(a) of the Tax Administration Act 1994. It concludes that the revised arrangement is 'materially different' for the purpose of ss 91EB(2)(a) and 91FB(2)(a) if, in relation to a tax type, the difference between the revised arrangement and the arrangement identified in the ruling is capable of affecting the tax outcome referred to in the ruling. Whether the revised arrangement is materially different from the arrangement identified in the ruling will be considered on a case-by-case basis, because it will turn on the facts and circumstances of each case.