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Foreign Resident Capital Gains Withholding – Clearance Certificates

Foreign Resident Capital Gains Withholding – Clearance Certificates

By LIV Legal Policy

ATO Conveyancing 


The ATO has received a number of questions regarding identifying details on Clearance Certificates under the Foreign Resident Capital Gains Withholding (FRCGW) measure. In response to these questions, the ATO have provided the LIV Legal Policy team with the following information to assist practitioners:

Does the name on the Clearance Certificate need to reflect the name on the title exactly?

Yes – however there are two exceptions:

  • The name the Certificate is issued under for individuals is the name the ATO system uses for all notices: First Name – Initial (if any) – Last Name. The ATO accepts that vendors have fulfilled their obligation if they have sighted a Certificate where the First Name, Initial and Last Name are consistent with the name on the title.
  • The obligation has also been met where a name has changed from the time the title was registered and the issuing of the Certificate if documentation has been presented by the vendor to the purchaser such as Marriage Certificates, Family Court Orders or Change-of-Name by Deed Poll and the purchaser retains copies of those documents.

Is a match of honourific required?

No – a match of honourific is not required to fulfil the purchaser’s obligations.

Is the correct address required on the Clearance Certificate?

No – a correct address on a Certificate is not required to fulfil the purchaser’s obligations. Practitioners will notice the representative’s copy of the Certificate does not have the vendor’s address, whereas the vendor’s copy currently does.

The ATO has advised that whilst they have been re-issuing Clearance Certificates in some of these circumstances, they are no longer reissuing Certificates for these reasons.

Practitioners are also advised that online applications for Clearance Certificates will generally ensure a quicker turnaround time than faxed or posted applications.

For more information, please see the ATO’s FRCGW hub.

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