| Disclaimer This edited version has been archived due to the length of time since original publication.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. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1051389912324
Date of advice: 27 June 2018
Ruling
Subject: Capital gains tax – deceased estate (two year discretion)
Question
Will the Commissioner exercise his discretion under subsection 118-195(1) of the Income Tax Assessment Act 1997 (ITAA 1997) and extend the two year period?
Answer
Yes.
In this case, the complexities that arose in regards to finalising the estate were attributed to the delays in relation to the completion of the administration of the estate. Having considered the circumstances and the factors outlined below, the Commissioner is able to apply his discretion under subsection 118-195(1) of the ITAA 1997 and allow an extension of time.
This ruling applies for the following period:
30 June 2018
The scheme commences on:
1 June 2017
Relevant facts and circumstances
The deceased passed away in XXXX.
The property was acquired in XXXX.
The deceased used the property as their main residence for the entire ownership period. The property was never used for income producing purposes.
Due to the deceased passing away intestate you were required to apply for Letters of Administration. You were granted probate and were appointed as the Administrator of the estate.
On XXXX the property was transferred to you.
After clearing the property ready for sale you commenced the process to put the property on the market. The property sold on XXXX.
Relevant legislative provisions
Income Tax Assessment Act 1997 subsection 118-195(1)
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
