Estate tax clearance certificate - query status as named beneficiary

B

breakdabank

Registered User
Messages
83
Is there any avenue, as a named beneficiary of a will, to request the tax clearance certificate status of an estate that has long completed probate?

I am aware that the probate office will provide copies of other documents, and I have used that service.

I am also aware that queries can be made through a TAIN account, but I am not a professional in this area and this option is not available to me.

(I could ask the executor, but the executor has proven to be untruthful and hostile to enquiries.)

Thank you.
 
Last edited:
I am not being assessed for tax myself.

The beneficiaries have been told by the executor that distribution of the estate is held up by just one issue: that Revenue have not released a tax clearance certificate for the estate.

I would like to confirm this for myself.

My previous requests for other documents from the probate office have revealed that some previous statements by the executor were not truthful.
 
You should ask the executor why tax clearance has not yet issued, and pressurise them into resolving this.

In the meantime there is no real way to prove that no tax clearance certificate has been released.
 
"pressurise them into resolving this"

What do I need to do so that the executor is required by law to resolve the tax clearance without further delay?
 
"What do I need to do so that the executor is required by law to resolve the tax clearance without further delay?"

This is most likely outside your control. But it doesn't stop you asking the executor to get a move on.
 
In my experience, the Tax Clearance cert takes around 6 weeks to be provided by Revenue and until then, the Executor can't distribute funds. Obviously if it is a more complex estate, it may take longer. So the starting point is when did the request go in?
 
This is true but also if Revenue issue a query, then you are back with another waiting time...currently I am finding it very difficult to get clearance on income tax for estates, with a waiting time of 35 working days which can restart if any query or a CGT return etc
 
Im waiting on tax clearance myself. The below is taken from the revenue guidelines;

When the request is submitted the applicant will receive an automated reply stating that if Revenue do not
respond within 35 working days, they can distribute the sales proceeds to the non-resident vendor. There
will be no requirement for a further letter from Revenue to issue providing clearance to the applicant if
Revenue do not respond within 35 days. The automated reply will be sufficient to allow the representative
to distribute after the timeframe of 35 working days has elapsed and no contact has been made by
Revenue in relation to the application for clearance.

The question i have is if they review the case and everything is in order then do they issue you a tax clearance form straight away or do they just let the 35 days run out then you assume its fine?
 
It's usually easier to hand your solicitor the Revenue "Letter of No Audit" clearance document than explain to them that you're no longer obliged to produce this as the 35-days maximum waiting period has expired.
 
My difficulty in my case is that multiples of 35 days have elapsed since the executor said that the request for tax clearance has been submitted.
 
Two things are being confused here, the CGT Letter of No Audit provisions to enable a solicitor distribute the sales proceeds to the non-resident vendor, and the totally separate CAT Tax Clearance provisions to enable a solicitor distribute the proceeds of an estate to its beneficiaries.

If in either case, Revenue raise a query which requires action on the part of the applicant, the 35-days maximum waiting period no longer applies.
 
Im a non-resident vendor. Recently sold an inherited property. Have paid the inheritance tax through irish solicitor. Solicitor has the money but said he cant release it until he gets clearance from Revenue. He asked me to sign a TR1(FT) and Agent Link Form. He said he will send them online to Revenue along with CGT form. If there are no queries or issues then will solicitor just be waiting on a Letter Of No Audit certificate??
 
Did they not ask you to sign a Non Resident Vendor Declaration form and also the Form CG1?
 
Im assuming the TR1(FT) is the non resident declaration form? ive a PPS number from previous work done in south few years ago. Would they not sign the CG1 form as that's what agent link form is for?
 
You must log in or register to reply here.
Menu
Log in
Register