Private ruling: Commissioner's discretion to allow more time to dispose of a dwelling
Date of advice: 3 September 2021
Published: November 2021
Ruling period: Year ended 30 June 20xx | 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 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 66057' on ato.gov.au

Relevant facts and circumstances: Following the passing of the deceased, the sensitivity of a surviving relative's personal circumstances delayed the disposal of the deceased's main residence. The property was listed for sale and sold as soon as practically possible after the sensitive circumstances were addressed.

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


This ruling applies for the following period: