Private ruling: Commissioner's discretion - deceased estate
Date of advice: 22 August 2025
Published: 27 October 2025
Ruling period: Year ending 30 June 20XX
Date scheme commenced: DD MM YY

Ruling: Q1: Will the Commissioner exercise the discretion under section 118-195 of 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: In YYYY, the deceased acquired a property located at XX XX (the property). On DD MM YY, the deceased passed away. The property is less than 2 hectares in size. The property was the deceased's main residence until they passed away. The property was never used for the purpose of producing income during the deceased's ownership. The deceased passed away intestate. The executor has provided supporting information that the administration of the estate was delayed due to circumstances outside of their control between DD MM 20XX and DD MM 20XX. On DD MM YY, the property was sold at auction. On DD MM YY, the property settled. The estate has been fully administered.

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