D-15.1 - Act respecting duties on transfers of immovables

Section 4.2.2 Disposition versions

2019-06-19

4.2.2. Despite the second paragraph of section 4.1, a transferee is not required to pay the transfer duties that would have been otherwise payable as a consequence of the application of that paragraph if, at a particular time in the 24-month period following the date of the transfer, the transferor and the transferee that are parties to the transfer cease to be closely related legal persons by reason of

(a)  the amalgamation of the transferor with the transferee;

(b)  the amalgamation of the transferor with one or more legal persons, other than the transferee, provided the legal person resulting from that amalgamation is closely related to the transferee throughout the period that begins immediately after that amalgamation and ends 24 months after the date of the transfer of the immovable;

(c)  the amalgamation of the transferee with one or more legal persons, other than the transferor, provided the legal person resulting from that amalgamation is closely related to the transferor throughout the period that begins immediately after that amalgamation and ends 24 months after the date of the transfer of the immovable; or

(d)  the dissolution of the transferor or of the transferee.

For the purposes of subparagraphs b and c of the first paragraph, the second, third and fourth paragraphs of section 19 and subparagraph b of the fifth paragraph of that section apply for the purpose of determining whether a legal person is closely related to a particular legal person at a particular time and, to that end, the second, third and fourth paragraphs of section 19 and subparagraph b of the fifth paragraph of that section are to be read as if “at the time of the transfer” were replaced by “at the particular time

2017, c. 29, s. 6; 2019, c. 14, s. 38.

2017-12-07

4.2.2. Despite the second paragraph of section 4.1, a transferee is not required to pay the transfer duties that would have been otherwise payable as a consequence of the application of that paragraph if, at a particular time in the 24-month period following the date of the transfer, the transferor and the transferee that are parties to the transfer cease to be closely related legal persons by reason of

(a)  the amalgamation of the transferor with the transferee;

(b)  the amalgamation of the transferor with one or more legal persons, other than the transferee, provided the legal person resulting from that amalgamation is closely related to the transferee throughout the period that begins immediately after that amalgamation and ends 24 months after the date of the transfer of the immovable;

(c)  the amalgamation of the transferee with one or more legal persons, other than the transferor, provided the legal person resulting from that amalgamation is closely related to the transferor throughout the period that begins immediately after that amalgamation and ends 24 months after the date of the transfer of the immovable; or

(d)  the dissolution of the transferor or of the transferee.

For the purposes of subparagraphs b and c of the first paragraph, the second, third and fourth paragraphs of section 19 apply for the purpose of determining whether a legal person is closely related to a particular legal person at a particular time and, to that end, the second and third paragraphs of section 19 are to be read as if “at the time of the transfer” were replaced by “at the particular time”.

2017, c. 29, s. 6.