Private ruling: Commissioner's discretion
Date of advice: 29 April 2026
Published: 13 July 2026
Date scheme commenced: 1 July 20xx

Ruling: Q1: Will the Commissioner exercise the discretion under section 118-195 of the Income Tax Assessment Act 1997 (ITAA 1997) to allow an extension of time for you to dispose of your ownership interest in the dwelling and disregard the capital gain or capital 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 ato.gov.au for 'QC 66057 ' . This private ruling applies for the following period Year ending 30 June 20xx The scheme commenced on: 1 July 20xx


Relevant legislative provisions: Income Tax Assessment Act 1997 section 118-195


Relevant facts: The deceased passed away on XX XX 20XX. | The deceased owned A property. (The property) | The property was the deceased's main residence at the time of their death and was not then or since producing assessable income. | The property had initially been acquired by the deceased and their spouse in 19xx. The spouse passed away on xx xx 20xx, at which time the property became solely owned by the deceased. | The dwelling is situated on land that is less than x hectares in size. | The deceased left a Will purportedly executed on xx xx 20xx. | There was significant dispute between the beneficiaries as to whether this was, in fact, a valid Will. | As a result of the dispute an Initiating summons for Probate was filed by the named executor on xx xx 20xx. | On xx xx 20xx, person 1 filed a caveat in respect of that grant. | Ultimately, the Will dispute was resolved by Court Order dated XX XX 20XX, which determined that the Will was not a valid Will, that as a result, the deceased died intestate and appointed a professional administrator (the Administrator). | The estate is now to be divided per the rules of intestacy, being equally between the X children. | On XX XX 20XX, the Administrator wrote to a number of the deceased's Children, who had been residing in the dwelling with the deceased at their death and continued to do so, putting them on notice to vacate. | On xx xx 20xx, the Court issued a Requisition in accordance with the Orders made on xx xx 20xx, allowing the Administrator to apply as such. | On xx xx 20xx the Application for Letters of Administration was sent to Court for filing, and Letters were issued to the Administrator on xx xx 20xx. | On xx xx 20xx, the estate property was transferred into the name of the Administrator. | On xx xx 20xx, the Administrator filed a Statement of Claim in relation to possession of real estate. | On xx xx 20xx, a Statement of Claim for judgment for possession of the land comprising the property was served on the beneficiaries residing therein. | On xx xx 20xx, the Administrator filed a Notice of Moton Default Judgement on Claim of possession of land with the Court. | On xx xx 20xx, the Administrator filed a Notice of Motion Writ for Possession of land. | On xx xx 20xx the Court issued Orders for a Writ of possession authorising the Sheriff to attend the property to cause the Administrator to have possession of it. | On xx xx 20xx, the Administrator received a letter from one of the deceased's children (still residing in the property) advising they were organising a Council clean up. | On xx xx 20xx, the Administrator attended the property with the Sheriff in execution of writ for possession and to meet with a locksmith to change the locks. | On xx xx 20xx the Administrator received an email from one of the deceased's children requesting access to the property on xx xx 20xx, on which date the Administrator met the beneficiaries at the property to allow them to remove belongings. The beneficiaries requested further time and were advised they would need to book same due to the Administrator's Court commitments. | On xx xx 20xx, the Administrator received a further request from the beneficiaries by text message, for time to remove belongings from the property. | On xx xx 20xx, the Administrator attended the property to meet with a number of real estate agents in relation to marketing the property for sale. | On xx xx 20xx, the beneficiaries texted the Administrator to request removal of further belongings on xx xx 20xx, on which date the beneficiaries confirmed that all personal belongings had been removed, barring the deceased's spouse's car. | On xx xx 20xx, the Administrator met with the real estate agent chosen to sell the property, to hand over the keys. The agent committed to obtain quotes to clean up the property and clear out the overgrown vegetation to prepare the property for sale. | Between xx xx 20xx and xx xx 20xx, the property was cleaned, rubbish removed and the lawns mowed in preparation for sale. | On xx xx 20xx the contract of sale was sent to the agent in preparation for auction. | On xx xx 20xx, pest controllers attended the property. | On xx xx 20xx the Administrator emailed the agent to confirm launch of marketing campaign of auction and to review photos of the property. | On xx xx 20xx the property passed in at auction. | On xx xx 20xx the agent advised the Administrator that a storm has resulted in a tree falling and causing damage to a fence. | On xx xx 20xx, the contract of sale of real estate was executed. | On xx xx 20xx, the fallen tree was removed and the damaged fence repaired. | On xx xx 20xx, the sale of the property was settled.