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This edited version has been archived due to the length of time since original publication.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: 1051459427481

Date of advice: 28 November 2018

Ruling

Subject: Capital gains tax

Question

Will the Commissioner allow an extension of time to dispose of your ownership interest in the dwelling and disregard the capital gain you make on the disposal?

Answer

Yes.

Having considered your circumstances and the relevant factors, the Commissioner will allow an extension of time.

This ruling applies for the following periods:

Year ended 30 June 2014

Year ended 30 June 2015

Year ended 30 June 2016

Year ended 30 June 2017

Year ended 30 June 2018

Year ending 30 June 2019

The scheme commences on:

1 July 2013

Relevant facts and circumstances

The deceased passed away in 2014.

The deceased acquired a dwelling and was co-owner of the property.

The property was used as the main residence of the deceased‘s until their death. No assessable income has been derived from the property.

Due to unforeseen circumstances sale of the property was delayed. The contract was signed and the property settled in July 2018.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 118-195