Private ruling: CGT - deceased estate
Date of advice: 14 May 2021
Published: July 2021
Ruling period: Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

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

Relevant facts and circumstances: The deceased passed away in early 20YY. The deceased's Will provided their spouse with the right to reside in the property. The spouse passed away some years later. The property was subsequently sold, and settlement occurred with a few months of the spouse's death.

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


This ruling applies for the following period: