Private ruling: Commissioner's discretion
Date of advice: 14 November 2025
Published: 5 January 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 dwelling (the dwelling). | The dwelling was acquired on XX XX 20XX and was the main residence of the deceased. | The land size is less than 2 hectares. | The dwelling was not used to produce income from the passing of the deceased. | There were protracted legal proceedings due to the deceased having an informal will. This led to the court rejecting the application for Probate multiple times. A new legal representative became involved and successfully applied for Probate. | On XX XX 20XX, Probate had been granted to you. | On XX XX 20XX, you commenced the sale process for the property. | The property was listed for private sale on XX XX 20XX and was sold on XX XX 20XX. | Settlement took place on XX XX 20XX.