Advice under development: Income tax: deceased estates – meaning of ‘right to occupy the dwelling under the deceased’s will’ in item 2(b) of column 3 of the table in subsection 118-195(1) of the Income Tax Assessment Act 1997
Issue: Deceased estates: right to occupy
Category: Capital gains tax
Type of advice: Final Taxation Determination
Status: Under development
Expected completion: Late 2026
Purpose: This final Determination will provide the Commissioner’s view on when an individual has a right to occupy a dwelling under a deceased’s will for the purposes of subsection 118-195(1) of the Income Tax Assessment Act 1997 to obtain a CGT main residence exemption.
Comments: Draft Taxation Determination TD 2026/D1 Income tax: deceased estates – meaning of ‘right to occupy the dwelling under the deceased’s will’ in item 2(b) of column 3 of the table in subsection 118-195(1) of the Income Tax Assessment Act 1997 published on 28 January 2026. Comments period closed on 27 February 2026.
Referenced documents: TD 2026/D1