Private ruling: Commissioner's discretion - deceased estate
Date of advice: 16 December 2025
Published: 9 February 2026
Ruling period: Year ending DD/MM/20YY
Date scheme commenced: DD/MM/20YY

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'.

Relevant facts and circumstances: On DD/MM/20YY, the deceased passed away. The deceased died intestate. At time of death the deceased owned a property at XXX (the property). This was the deceased's main residence and not used to produce assessable income. The delay in the sale of the property was due to sensitive circumstances including health issues. On DD/MM/20YY, an unconditional contract was signed for the sale of the property. On DD/MM/20YY, settlement of the sale of the property was completed.

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