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Edited version of your written advice
Authorisation Number: 1051490152145
Date of advice: 20 March 2019
Ruling
Subject: Deceased estate – extension of time – deceased’s main residence
Will the Commissioner allow an extension of time for you to dispose of your ownership interest in the dwelling?
Answer
Yes. Having considered your circumstances and the relevant factors, the Commissioner will allow an extension of time. Further information about the discretion can be found on our website ato.gov.au and entering Quick Code QC52250 into the search bar at the top right of the page.
This ruling applies for the following period:
Year ended 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
The deceased acquired a dwelling (the property).
The property was used as the deceased main residence from the date of acquisition until the time of their passing and no income was derived from it.
The property’s land size is more than two hectares.
There were delays with the administration of the estate.
The delays were outside of your control.
You did not dispose of the deceased’s main residence within two years of the date of death.
The property has been sold and settlement occurred DD/MM/YYYY.
Relevant legislative provisions
Income Tax Assessment Act 1997 subsection 118-195(1)