Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/15)
Character Range: 522418–525140

pay the Commissioner under section 14‑200 in relation to the *CGT asset to which the transaction relates, the entity gives you a declaration that:
 (i) is about the entity or the CGT asset; and
 (ii) was given under subsection 14‑225(1) or (2); and
 (iii) is for a period covering the time the transaction is entered into; and
 (b) when you are given the declaration, you do not know the declaration to be false; and
 (c) for a declaration given under subsection 14‑225(1)—the CGT asset is not of a kind described in paragraph (1)(e) of this section.

14‑215  Excluded transactions
  A transaction that results in the *acquisition of a *CGT asset is excluded under this section if:
 (b) the transaction is on an *approved stock exchange; or
 (c) the transaction is conducted using a crossing system (within the meaning of the *market integrity rules); or
 (d) an amount is already required to be withheld (other than under Subdivision 14‑E) from a *withholding payment relating to the transaction; or
 (e) subsection 26BC(3) of the Income Tax Assessment Act 1936 (about securities lending arrangements) applies in relation to the transaction as a result of the transaction being covered by subparagraph (a)(ii) of that subsection; or
 (f) any of the entities to which subsection 14‑210(1) (about foreign residents) applies at the time of the transaction:
 (i) is a company for which any of the conditions in paragraph 161A(1)(a) of the Corporations Act 2001 (about insolvency and external administration) is satisfied; or
 (ii) is, under a *foreign law, in the same or a similar position to a company covered by subparagraph (i); or
 (g) the transaction arises from any of the following:
 (i) the administration of the estate of a bankrupt;
 (ii) a composition or scheme of arrangement accepted under Division 6 of Part IV of the Bankruptcy Act 1966;
 (iii) a debt agreement under Part IX of that Act;
 (iv) a personal insolvency agreement under Part X of that Act;
 (v) circumstances that are, under a foreign law, the same or similar to those in any of the above subparagraphs.
Note: This section is relevant to whether you must pay an amount to the Commissioner under section 14‑200.

14‑220  Commissioner clearance certificates
 (1) The Commissioner may certify that, based on information before the Commissioner, there is nothing to suggest that an entity is or will be a foreign resident during a specified period.
Note: Such a certificate could result in you not being required to pay an amount under this Subdivision (see subsection 14‑210(2)).
 (2) A certificate under subsection (1):
 (a) may be issued on application to the Commissioner in the *approved form; and
 (b) is to be in writing; and
 (c) applies only