HMRC internal manual

Capital Gains Manual

Computation: date of disposal: contracts for disposal


TCGA92/S28 comes into operation only if the contract is completed, or in other words, if the disposal actually takes place. It does not deem a disposal to take place. But when the disposal has taken place in accordance with the contract, it fixes the date of that disposal for capital gains purposes.

This was confirmed in the House of Lords decision in Jerome v Kelly, 76 TC 147.