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BenGN(I'm new)I'm new
28 Apr 2026

In the context of the sale/purchase of real property in Queensland and providing/receiving a Foreign Resident Capital Gains Withholding Clearance Certificate:


Schedule 1 to the Taxation Administration Act 1953

Subsection 14-210(2)(a) provides that the Buyer's foreign resident capital gains withholding obligation does not apply if the Seller provides the Buyer with a certificate that:

     (i) was issued under subsection 14-220(1) of the Act; and

      (ii) is for a period covering the time the transaction is entered into.


Question: "Is the period covering the time the transaction is entered into" referring to the settlement date, or the contract date?


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67 views
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Taxduck(Taxicorn)Taxicorn
28 Apr 2026

Contract date. This is the relevant date for a CGT event occurring on sale of property (if sold under a contract)

You will generally find that all certificates will include the contract date in the Clearance Certificate period (as shown on the Certificate) as the contract date (or expected contract date) is a question on the application form.

See Section B (transaction dates)

Capital gains withholding clearance certificate application paper form instructions – for Australian residents | Australian Taxation Office

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Foreign Resident Capital Gains Withholding Clearance Certificate: What Date Must It Cover | ATO Community