My undderstanding is , the disposal date was told is the S&P date. Not the date of state consent obtained.

31/08/2008 365.00  31/8/2009 1 year
31/8/2009  365.00  31/8/2010 2 year
31/8/2010  365.00  31/8/2011 3 year
31/8/2011  365.00  30/8/2012  4th year
30/8/2012  365.00  30/8/2013****  5th year

If you dispose before 1 Jan 2013 = RPGT is 5%,

If you dispose after 1 Jan 2013 = RPGT is 10%

so try to sign your s&p on our before 31.12.2012 to get lower RPGT.

Confirm, it's follow SPA date.

My understanding is  you can always stick to s&P date to your advantages, which is under your control.

If the date of consent is better, than you select the date of consent.  Usually the LHDN "not frequent" follow the date of consent and use the s&p date instant.

You got to make sure you remit the $$ base on the s&p date( if you fall on 10%).  If you need not pay so much ( base on date of consent, 5%) , you will get the refund.

If you remit lower, You caould get penalty for the different , i.e 10%. But usually lawyer will advice you / handle it for you.

One may look into para 15 of Schedule 2 of the Real Property Gains Tax, wherein it states:-

(1) Except where this Schedule provides otherwise, a disposal of an asset
shall be deemed to take place—
(a) where there is a written agreement for the disposal of the asset, on
the date of such agreement; or
(b) where there is no written agreement, on the date of completion of the
disposal of the asset.

However, there is a conditional also, wherein para 16 of the same Schedule:-
16. Where—
(a) a contract for the disposal of an asset is conditional; and
(b) the condition is satisfied (by the exercise of a right under an option
or otherwise),
the acquisition and disposal of the asset shall be regarded as taking place at
the time the contract was made, unless the amount of the consideration depends
wholly or mainly on the value of the asset at the time when the condition is
satisfied in which case the acquisition and disposal shall be regarded as taking
place when the condition is satisfied.

The para 16 has been amended from:-
16. Where a contract for the disposal of an asset is conditional and the condition is satisfied (by the exercise of a right under an option or otherwise), the acquisition and disposal of the asset shall be regarded as taking place at the time the contract was made, unless-
a )the acquisition or disposal requires the approval by the Government or an authority or committee appointed by the Government, the date of disposal shall be the date of such approval; or
b )the approval referred to in subparagraph (a) is conditional, the date of disposal shall be the date when the last of all such conditions is satisfied.

Hopefully it helps u. As the law now stands, it is on the date of the agreement.