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Solicitor didn't send the final statement and fee receipt

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  • 02-07-2019 7:43pm
    #1
    pasquale83
    Registered Users Posts: 477 ✭✭


    I used to be a non-resident landlord and I've recently sold my house in Ireland.

    I paid 2018 IT and I am waiting 2020 to pay 2019 IT. I've made a small gain on my house sale but expenses to sell/buy the property have been high and so the accountant who submitted my 2018 tax return and did also CGT calculation said that CGT due is zero.

    The solicitor already released whole funds since he got clearance letter from revenue.

    Now I've the following situation. The solicitor and the accountant are not responding to my e-mails and they are not providing:

    - Solicitor: final statement and receipt of his fee. I only have a draft version
    - Accountant: calculation showing that zero CGT is due

    Could the above be an issue for me? I'm especially worried for CGT since not having a final receipt of my Solicitor's fee I might not be able to prove that CGT due is actually zero. Any other concerns?

    Thank you for sharing your ideas on this matter!


Comments

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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Write to the Law Society. Complain of lack of communication and unprofessional behaviour.


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    #3
    pasquale83
    Registered Users Posts: 477 ✭✭pasquale83


    4ensic15 wrote: »
    Write to the Law Society. Complain of lack of communication and unprofessional behaviour.

    Will that actually work in your experience?


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    #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    pasquale83 wrote: »
    Will that actually work in your experience?

    I have seen it work in the case of some solicitors.


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    #5
    pasquale83
    Registered Users Posts: 477 ✭✭pasquale83


    Folks, any idea if the missing cash statement and invoice could be an issue in regards to CGT?

    I actually don't know exactly the CGT calculation is done but it should take into account the solicitor's fee and expenses.


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    #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    pasquale83 wrote: »
    Folks, any idea if the missing cash statement and invoice could be an issue in regards to CGT?

    I actually don't know exactly the CGT calculation is done but it should take into account the solicitor's fee and expenses.

    CGt is self assessed. You could claim the amount you paid but if there was an audit, you would have some explaining to do in the absence of documentation.


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  • Options
    #7
    pasquale83
    Registered Users Posts: 477 ✭✭pasquale83


    4ensic15 wrote: »
    CGt is self assessed. You could claim the amount you paid but if there was an audit, you would have some explaining to do in the absence of documentation.

    So it's rather important documents I need back from him then.

    Anyway, I am non-resident, so he has second liability on taxes....


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    #8
    pasquale83
    Registered Users Posts: 477 ✭✭pasquale83


    I think that since both Solicitor and Accountant (they know each other) are delaying the release of the documents because they want to wait for next year to have everything sorted with 2019 IT that includes CGT. So they will hopefully get Tax Clearance letter from Revenue and can then be safe to provide the supporting documentation for tax matters.

    They could at least let me know what their strategy is, disappearing is not the best one...


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    #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    pasquale83 wrote: »

    They could at least let me know what's their strategy, disappearing is not the best one...

    Lack of communication isd a frequently upheld complaint to the Law Society.


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    #10
    pasquale83
    Registered Users Posts: 477 ✭✭pasquale83


    4ensic15 wrote: »
    Lack of communication isd a frequently upheld complaint to the Law Society.

    I wrote them, let's see how it goes. Thank you for your help!


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