buyer looking for tax clearance from my non resident ex

mutley10

Registered User
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12
hi,
i bought an apartment in co dublin with my (now) ex, we split up in the financial crash and he moved to australia and is married with family, he has not contributed to the apartment in any way for well over 10 years. Because the apartment was in negaive equity, i just could not afford to sell and be hit with the debt.
Last year for the first time since purchase, the value approxiamately matched the martgage so i decided to sell it. My solicitor got the necessary permission from the ex's solicitor to sell so i proceeded. Fingal CoCo made an offer which was slightly below the mortgage value but for the sake of expedience i accepted. they are now looking for a tax clearance cert for my ex and both my solicitor and myself have been unable to get any reply from him to date (6 months now trying). i have been onto revenue to see if heres any procedure or mechanism to deal with it as he is non resident for so long! this has completely blocked the sale and my solicitor is saying that i may need to get a court order?
this seems very extreme and possibly expensive for something that must be relatively common.
i did contact revenue but got nowhere but i just find it unbelieveble that revenue dont have a mechanism to allow for this type of scenario along the lines of issueing a tax cert for his last period of contributions directly to the buyers solicitors who in this case is another government body! there is no profit being made from this, just to close the chapter finally.
absolutely any help or advice would be greatly appreciated,
thanking you for reading.
 
My understanding:
Whether the ex has contributed or not, he's legally part owner of an Irish property.
He'll need to complete a capital gains tax return for Revenue, in order to get tax clearance certificate (even if there's no gain).
I think there's another option getting a letter of 'no audit' from Revenue, but might not serve the same purpose in this instance - that's really to cover the solicitor.

Your solicitor should ask the law society for guidance. While rare, your circumstances aren't by any means unique.
 
How are you proposing to sell the property if your ex does not sign the contract?

Brendan

hi Brendan,
when the solicitor got the agreement from him over 6 months ago i thought it was going to be straight forward enough. im sure he would check the state of affairs in ireland and could easily verify property prices etc in case he thought he was being done.
 
My understanding:
Whether the ex has contributed or not, he's legally part owner of an Irish property.
He'll need to complete a capital gains tax return for Revenue, in order to get tax clearance certificate (even if there's no gain).
I think there's another option getting a letter of 'no audit' from Revenue, but might not serve the same purpose in this instance - that's really to cover the solicitor.

Your solicitor should ask the law society for guidance. While rare, your circumstances aren't by any means unique.

thank you Redonion, i'll suggest this if he hasnt already done it?
 
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