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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

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Edited version of your written advice

Authorisation Number: 1051262619057

Date of advice: 2 August 2017

Ruling

Subject: Commissioner may extend the two-year period

Question 1

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 until xx xxxx 2017?

Answer

Yes.

This ruling applies for the following periods:

Year ended 30 June 20xx.

The scheme commences on:

27 June 20xx

Relevant facts and circumstances

The Will named the estate executor as a person.

The deceased’s Will was challenged by xxxxxxxx.

The property was empty until settlement.

After the time of settlement, the property was placed on the market for sale.

The property has been sold with a contract being signed on xx xx xxxx and settlement scheduled to occur xx xx xxxx.

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)


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