CG26030 - Arrival in and departure from the UK: establishing the correct time when a gain arises: conditional contracts

Cases have been seen where it is claimed that the date of disposal for capital gains purposes does not occur until the satisfaction of a condition written into the terms of the agreement for sale. To decide whether a condition is such as to make a contract conditional within the terms of TCGA92/S28(2) can be difficult. You will need to consider the full facts of the case in the context of contract law. There is guidance on dates of disposal and conditional contracts at CG14250+ and CG14270+.