Private ruling: Commissioner's discretion
Date of advice: 13 July 2020
Published: August 2020
Ruling period: Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

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? | A1: 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: An individual passed away. The property was the deceased's principal place of residence. Public Trustee was appointed Executor of the estate by the grant of probate. A person who was a carer of the deceased was living with the deceased at the time of death. they continued to live at the property even after the date of death. They were not named in the Will of the deceased as a beneficiary. The carer would not vacate the property to enable it to be ready for sale. Legal action was instigated requesting vacant possession of the property. The estate property was repossessed. A real estate agent was appointed to market the property for sale. The property was sold at auction soon after with settlement occurring.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 104-10 | Income Tax Assessment Act 1997 subsection 118-130(3) | Income Tax Assessment Act 1997 section 118-195 | Income Tax Assessment Act 1997 subsection 118-195(1)