Document ID: chunk:federal_register_of_legislation:C2016A00010:clause:2_1:p2
Version: federal_register_of_legislation:C2016A00010
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 2/6)
Character Range: 37861–40554

reasonably believe that the entity is an Australian resident, and either:
 (i) the entity has an address outside Australia (according to any record that is in your possession, or is kept or maintained on your behalf, about the transaction); or
 (ii) you are authorised to provide a related financial benefit to a place outside Australia (whether to the entity or to anyone else); or
 (d) the entity has a connection outside Australia of a kind specified in the regulations; or
 (e) the *CGT asset to which the transaction relates is:
 (i) *taxable Australian real property; or
 (ii) an *indirect Australian real property interest, the holding of which causes a company title interest (within the meaning of Part X of the Income Tax Assessment Act 1936) to arise.
Note: This subsection is relevant to whether you must pay an amount to the Commissioner under section 14‑200.

Exception—the entity gives you a clearance certificate
 (2) Despite subsection (1), that subsection does not apply to the entity in relation to the transaction if:
 (a) before you pay the Commissioner under section 14‑200 in relation to the *CGT asset to which the transaction relates, the entity gives you a certificate about the entity that:
 (i) was issued under subsection 14‑220(1); and
 (ii) is for a period covering the time the transaction is entered into; and
 (b) the CGT asset is of a kind described in paragraph (1)(e) of this section.

Exception—the entity gives you a residency or interests declaration
 (3) Despite subsection (1), that subsection does not apply to the entity in relation to the transaction if:
 (a) before you 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

Kinds of excluded transactions
 (1) A transaction that results in the *acquisition of a *CGT asset is excluded under this section if:
 (a) just after the transaction, the CGT asset:
 (i) is *taxable Australian real property; or
 (ii) is an *indirect Australian real property interest, the holding of which causes a company title interest (within the meaning of Part X of the Income Tax Assessment Act 1936) to arise;
  and the *market value of the CGT asset is less than $2 million; or
 (b) the