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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 private advice

Authorisation Number: 1051981895053

Date of advice: 13 May 2022

Ruling

Subject: Commissioner's discretion - deceased estate

Question

Will the Commissioner allow an extension of time for you to dispose of your ownership interest in the (the property) and disregard the capital gain or loss you made on the disposal?

Answer

Yes.

This ruling applies for the following period:

The year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

The sale of the dwelling was delayed due to factors outside of your control.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 118-195