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16 Nov 2021

So I've read all the ATO documentation on this, and the Legislation and I'm more than a little perplexed WHY a Vendor who is selling their only property (ie HOME, PPR) would need to apply for a Clearance Certificate which is to do with this: --> Foreign resident capital gains withholding (FRCGW) applies to vendors disposing of certain taxable property under contracts entered into from 1 July 2016. ie a Foreign resident disposing of taxable property. CGT is not applicable to your own HOME, ie PPR, so why is there a need for a resident of Australia to fill in a form and to apply for a Clearance Certificate? Is it not enough to provide proof that you are an Australian Resident? Why is there a need to apply for a Clearance Certificate to prove that you ARE NOT a foreign resident with a possible capital gain? If someone could explain this that would be great.

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5 replies
6,912 views
5 replies

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Most helpful reply

BlakeATO(Community Support)Community Support
24 Mar 2022

Hi @liztindall


Even if your capital gain is exempt because it's a main residence, you'll still need to report it on your tax return. It'll look like this:

  • Include your main residence capital gain under Total current year capital gains.
  • Remove it from your Net capital gain.
  • Say YES to Have you applied an exemption, rollover or additional discount?
  • Select I: Main residence exemption for the exemption type.

You then include the credit that was withheld from the sale (the 12.5%) under Credit for foreign resident capital gains withholding amounts.


You can read about completing the myTax capital gains or losses section on our website.

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ATO Certified Response
RenATO(Community Support)Community Support
ATO Certified Response17 Nov 2021

Hi @JaneTuppence,


If an Austrtalian resident is selling their PPR and it's estimated to sell for $750,000 or more, then they'll require a clearance certificate.

BlakeATO(Community Support)Community Support
17 Nov 2021

Hi @JaneTuppence


Although Australian residents are eligible for the main residence exemption, they'll still need to provide a clearance certificate if their sale value of the property is more than $750k. If they don't provide one, the purchaser would need to withhold 12.5% of the purchase price to us under the assumption they're a foreign resident. The point of the clearance certificate is to clear Australian residents from withholding.


It isn't enough to show proof of Australian residency (such as birth certificates or citizenship certificates). Residency for Home Affairs purposes is different to tax purposes.


Even if you use the property currently as a main residence, you may not have previously. This would make the property partly liable for CGT. In this case, you'd still get a clearance certificate, but the tax is worked out and paid on your income tax return instead.


This process makes sure that foreign residents meet their taxation obligations on large sales of property. The intention is to make sure that everyone plays fair.

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What is the need for a Clearance Certificate when selling your PPR? | ATO Community