Private ruling: Capital gains tax - extension of time
Date of advice: 8 October 2019
Published: November 2019
Ruling period: Year ended 20xx
Date scheme commenced: 1 July 20xx

Ruling: Q1: Will the Commissioner exercise his discretion under subsection 118-195(1) of the Income Tax Assessment Act 1997 (ITAA 1997) and extend the 2 year period until xxxx? | A1: Yes. Having considered your circumstances and the relevant factors, the Commissioner is able to apply his discretion under subsection 118-195(1) of the ITAA 1997 and allow an extension of time. Further information on the relevant factors and inheriting a dwelling generally can be found on our website ato.gov.au and entering Quick Code QC52250 into the search bar at the top right of the page

Relevant facts and circumstances: The property was purchased prior to 20 September 1985. The deceased passed away. The property was the private residence of the deceased from the time of purchase. Since then the property has remained vacant. The ownership of the property passed to the beneficiaries. There was a delay in the sale of the property due to a disagreement between the beneficiaries. The property was sold and settlement occurred.

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