Capital Gains Tax Clearance for non-resident

Anna1486

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My 3 siblings and I own our family home as tenants in common. My younger brother is buying out the 3 of us. My elder brother has lived abroad for years and my solicitor informs me that the funds will not be released until he has tax clearance as he is a non resident. After some Googling I think she means Capital Gains Tax clearance and I wonder how my elder brother can go about obtaining this.
Does this mean that the CGT (if any) must be paid before a person receives payment and this seems unfair to me as a person would have to pay tax on money they have yet to receive and may not have the funds available. Anyway, there will be no capital gain on the transfer in this case as the house has gone down in value since we acquired it about 20 years ago (we have a valuation at that date).
What steps do we need to take to get tax clearance.
Any advice would be appreciated!
 
Does this mean that the CGT (if any) must be paid ...
Anyway, there will be no capital gain on the transfer
If there is no capital gain, no CGT payment is necessary.

If there is a capital gain, the solicitor handling the sale can release sufficient funds from the proceeds to enable him pay the liability arising.
 
My elder brother has lived abroad for years and my solicitor informs me that the funds will not be released until he has tax clearance as he is a non resident.
It is only his share of the proceeds that should be withheld by the solicitor until he receives the Letter of No Audit clearance.
 
Thanks Tommy.

My younger brother (the seller)'s solicitor prepared all the documents for sale and my elder brother's solicitor mentioned tax clearance but said she doesn't know much about it and that we have to go to a tax advisor.
Who applies for the tax clearance - does it have to be a solicitor or an accountant or can a person do it for themselves?
 
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