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Capital gains tax flagged by conveyancing solicitors on inheritance property

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  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JojoP23 said:
    Basic advice on the process I guess..sorry North Yorkie we are both very green when it comes to legal matters I suspect as pp said above the conveyancer who works for a company of solicitors is covering their back. I feel perplexed that another layer of burocracy is being thrown in the mix I guess. Living in the south east the numbers are fairly high but we don't intend cashing in, I just don't want to find myself having to negotiate with an eccentric sibling in the future. Financial autonomy is the aim, but corresponding by email with the conveyancer wasn't what I expected...now everything still seems to be up in the air. Perhaps I should phone HMRC and run it past them.
    Thank you for your time and apologise if my query has frustrated you
    Phoning HMRC is pointless as they don't give tax advice.  It's not "another layer of bureaucracy", tax issues are completely different to property conveyancing which is a legal issue.  Two different disciplines and it's unreasonable to expect a conveyancing lawyer to know and advise on potentially complicated capital gains tax issues, just as it would be unreasonable to expect a tax accountant to advise on conveyancing.  The CGT tax issues are being highlighted because it's not only a very complicated area, there's also potential for significant tax liabilities when property ownership transfers are involved, which sometimes can be quickly/easily mitigated or avoided by a bit of planning to change the structure or order of transactions.  I'm sure you'd be quick to sue the conveyancer for not warning you about tax, if you find yourself with tens of thousands of pounds to pay in tax that you didn't expect, and even more so if you found out it could have been avoided by doing things slightly differently.  At the end of the day, if you don't want to consider tax implications, then fair enough, that's the risk you take.
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