Private ruling: CGT - deceased estate
Date of advice: 29 April 2021
Published: July 2021
Ruling period: Year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Will the Commissioner allow an extension of time to XX February 20XX for you to dispose of your ownership interest in the dwelling and disregard the capital gain or loss you made on the disposal? | A1: Yes. Having considered your circumstances and the relevant factors the Commissioner will allow an extension of time. Further information about the Commissioner's discretion can be found by searching 'QC 52250' on ato.gov.au

Relevant facts and circumstances: The deceased passed away and left a will, with probate granted. The deceased purchased a property as joint tenants pre capital gains tax (CGT). The deceased's will granted a right to occupy the property subject to certain conditions. The dwelling was occupied as their main residence at all time under the occupation right, until they passed away on XX February 20XX. The property was not used for income producing purposes. The property was placed on the market and sold with settlement occurring.

Relevant legislative provisions: Income Tax Assessment Act 1997 subsection 118-195(1)