Question juridique clé
Whether gains from the sale of business real estate were realized for tax purposes upon notarization of the contracts in 1992 or only upon land-register entry in 1993.
Solution extraite
The gains were realized when the notarized sales contracts created a fixed and enforceable claim in 1992; tax deferral until land-register entry was not required.
Motifs extraits
Under the accrual and periodicity principles, income is realized when the taxpayer receives payment or acquires a fixed claim that can be disposed of. For capital gains from business property, settled case law taxes the gain when a valid sales contract is concluded and performance is not uncertain, including for business real estate; land-register entry is not decisive.