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.
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.
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:
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:
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.
21 May 2026 · 4 min read time
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