Private ruling: Commissioner's discretion - extension of time
Date of advice: 4 March 2026
Published: 20 April 2026
Date scheme commenced: 1 July 20xx

Ruling: 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


Subject: Commissioner's discretion - extension of time: 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? | Relevant facts: The deceased passed away on xx xx 20xx. | The deceased owned a dwelling. (The dwelling). | The dwelling was the deceased's main residence. | The property has not been used to produce assessable income. | The land size is less than 2 hectares. | In late 20xx the dwelling and surrounding area was impacted by a natural disaster and as a result the dwelling was uninhabitable. | The deceased prior to passing away was forced to live in temporary accommodation. | An insurance claim was lodged in relation to the damage. However, due to high demand locally significant delays were experienced in having the work undertaken. | The deceased had a disability which made communicating with the insurance company and contractors difficult and caused delays. | Repair work on the dwelling commenced just prior to the deceased passing away and took approximately x months to complete. | In late 20xx on inspection of the works undertaken by the contractors engaged by the insurance company, it became apparent that some work was incomplete. You undertook these tasks to speed up the process without causing further delays. | The dwelling was habitable around xx 20xx and was listed with a local real estate agent a short time later. | You accepted an offer in xx 20xx with a contract signed on xx xx 20xx. | Settlement took place on xx xx 20xx.