Private ruling: Commissioner's discretion to extend the two year period to dispose of an inherited dwelling
Date of advice: 24 June 2021
Published: September 2021
Ruling period: Year ended 30 June 2016
Date scheme commenced: 4 June 2021

Ruling: Q1: Will the Commissioner exercise his discretion under subsection 118-195(1) of the Income Tax Assessment Act 1997 (ITAA 1997) and allow an extension of time to the two year period to dispose of an inherited dwelling? Answer Yes. Having considered your circumstances and the relevant factors, the Commissioner will allow an extension of time. Further information about this discretion can be found by searching 'QC 52250' on ato.gov.au

Relevant facts and circumstances: The deceased owned a dwelling and lived in it as their main residence (the Dwelling ). The deceased passed away in the dwelling and remained undiscovered for a period of time (the Deceased ). The Deceased did not leave a Will. The deceased's body was discovered by a police officer visiting the dwelling. A coroner's inquest into the death of the deceased was held. Letters of Administration were granted by The Supreme Court to the Deceased's relative. The dwelling was sold by Public Auction with settlement occurring years after the Deceased's death.

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


This ruling applies for the following period: