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Edited version of your written advice
Authorisation Number: 1051448225680
Date of advice: 30 October 2018
Ruling
Subject: Commissioner's discretion
Question
Will the Commissioner exercise his discretion under subsection 99A(2) of the Income Tax Assessment Act 1936 (ITAA 1936) to apply progressive individual rates of tax as per section 99 of the ITAA 1936?
Answer
Yes.
Having considered your circumstances and the relevant factors the Commissioner will apply progressive individual rates of tax under section 99 of the ITAA 1936.
This ruling applies for the following periods:
Year ending 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
The deceased died on XX/XX/XXXX.
The deceased estate is still in the process of being administered. No distributions have been made to beneficiaries and the liabilities of the estate are still being determined.
No outside funds or assets have been contributed to the deceased estate. No amounts have been lent to the estate. No special rights or privileges have been conferred or attached to the assets of the deceased estate.
Relevant legislative provisions
Income Tax Assessment Act 1936 section 99
Income Tax Assessment Act 1936 section 99A