Help with IT38 form

[saoirsemaguire]

Looking for some advice as the solicitor firm that my Dad set his will up with it useless. My Dad died suddenly 2 years ago in August 2022. I’m dealing with his will - I’m his only child and therefore only beneficiary. I reside in the US and I’ve been told I need to deal with this IT38 and the solicitors don’t help or deal with it. I’m trying to gage if I can just deal with it online myself or should I hire an accountant? It’s due Oct 31st.

 

[T McGibney]

If you don't know what you're doing, of course you need an accountant. In fact you needed one probably many months ago. Your solicitors are highly unlikely to have any training or expertise in tax. They should have told you at the outset to hire an accountant.

Are you sure a return is now due? The imminent deadline is 14 November, not 31 October. It's likely but not certain that this applies to you. That depends on the valuation date of your inheritance(s) from your father.

 

[MHoran379]

If you're a beneficiary in an Irish estate and you have been told you need to file a return, then you will also need to get clearance from Revenue as a non resident beneficiary before they can pay out to you. The solicitors should insist on getting tax clearance through an irish tax agent- ie through an accountant, tax advisor or agent of some kind in ireland, so imo yes, you definitely need an accountant- and this is the busiest time of year for most accountants so you should really get on to this asap.

 

[Towger]

You can do this it yourself, but you would be better off getting an Accountant.
Sounds like a small country solicitors office. I wonder is they known of Revenue's requirements non resident beneficiaries.

The big legal firms will do it for you, but (in my personal experience) are not interested in reducing your tax bill and will charge highly for their additional services.

 

[zuinig]

I wonder is they known of Revenue's requirements non resident beneficiaries.

Do you know what exactly these are? I've not managed to find a clear answer on the Revenue site.

I know they say that if there are non-resident beneficiaries/executors that probate must go through a solicitor to prevent money leaving the country without CAT being levied. I'm wondering what happens if the beneficiary has/will have immovable assets in Ireland where they can't avoid paying CAT.