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CarolineL.(Newbie)Newbie
24 Apr 2026

Is the FRCGWT obligation satisfied if a vendor whose name on title is Peter T L Lam & clearance certificate is issued to T L Lam?

Vendors rep provided a one and the same stat dec and stated name incorrectly noted on title.

30 views
1 replies
30 views
1 replies

All replies

JayATO(Community Support)Community Support
27 Apr 2026

Hi @CarolineL.,


The FRCGW obligation is satisfied if the first and last names on the clearance certificate match the property's Certificate of Title. Middle names don't need to be supplied or matched.


In your situation, the title shows 'Peter T L Lam' and the clearance certificate shows 'T L Lam'. The first name doesn't match, so the clearance certificate isn't valid on its own. However, if the vendor's representative provides proof of name change along with the clearance certificate, this can satisfy the requirement.


The acceptable proof includes:

  • the clearance certificate
  • proof of a name change, such as a marriage certificate or change of name certificate issued from an Australian state or territory registry.

A statutory declaration stating the name was 'incorrectly noted on title' doesn't meet the requirement for proof of name change. The vendor needs to provide either:

  • an official change of name certificate or marriage certificate from an Australian registry, or
  • update their name on our records if the documentation is from overseas.

If valid proof of name change isn't provided alongside the clearance certificate, you must withhold the FRCGW amount at settlement. The vendor can then lodge a tax return to claim a credit for the amount withheld.

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What happens if there is a name mismatch between the title and FRCGW certificate? | ATO Community