Private ruling: Deceased estate - Commissioner's discretion
Date of advice: 12 August 2020
Published: February 2022
Ruling period: Year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Will the Commissioner allow an extension of time to XX/XX/XXXX 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.

Relevant facts and circumstances: The deceased passed away on XX/XX/XXXX. The deceased's will left his main residence to his spouse. A family provision application was filed on behalf of the deceased's children on XX/XX/XXXX. Final orders were not handed down until XX/XX/XXXX. The property was sold on XX/XX/XXXX.

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