D-15.1 - Act respecting duties on transfers of immovables

Section 8 Disposition versions

2023-12-29

8. The basis of imposition for an immovable acquired as a replacement for an immovable right that is the subject of an expropriation procedure must, for the purpose of computing the transfer duties, be reduced by an amount equal to the proceeds of alienation which may reasonably be attributed to such immovable right.

The reduction referred to in the first paragraph must not be made unless

(a)  the immovable acquired as a replacement is used for purposes similar to those of the replaced immovable right; and

(b)  the immovable acquired as a replacement is acquired before the end of the second year following

i.  the day of the transfer of the replaced immovable right, or

ii.  if the immovable right was expropriated, the first of the following days:

(1)  the day the transferee has agreed to an amount as full compensation for that immovable right;

(2)  where a claim or other proceeding has been taken before a tribunal of competent jurisdiction, the day on which the amount of the compensation is finally determined by that tribunal; or

(3)  where a claim or other proceeding referred to in subparagraph 2 has not been taken within two years after the event giving rise to compensation, the day that is two years following the day of that event.

The reduction referred to in the first paragraph does not apply if the replaced immovable right was intended for purposes of speculation.

1976, c. 30, s. 8; 2017, c. 1, s. 31; 2023, c. 27, s. 199.

2017-02-08

8. The value of the consideration furnished by the transferee for the transfer of an immovable acquired in replacement of an immovable right conveyed by the transferee at the time of an expropriation or which the transferee conveyed to a person pursuant to a notice of expropriation from such person must be reduced, for the purpose of computing the transfer duties, by an amount equal to the proceeds of disposition which may reasonably be attributed to such immovable right.

The reduction referred to in the first paragraph must not be made unless

(a)  the immovable acquired as a replacement is used for purposes similar to those of the replaced immovable right; and

(b)  the immovable acquired as a replacement is acquired before the end of the second year following

i.  the day of the transfer of the replaced immovable right, or

ii.  if the immovable right was expropriated, the first of the following days:

(1)  the day the transferee has agreed to an amount as full compensation for that immovable right;

(2)  where a claim or other proceeding has been taken before a tribunal of competent jurisdiction, the day on which the amount of the compensation is finally determined by that tribunal; or

(3)  where a claim or other proceeding referred to in subparagraph 2 has not been taken within two years after the event giving rise to compensation, the day that is two years following the day of that event.

The reduction referred to in the first paragraph does not apply if the replaced immovable right was intended for purposes of speculation.

1976, c. 30, s. 8; 2017, c. 1, s. 31.

1977-12-31

8. (1)  The value of the consideration furnished by the transferee for the transfer of an immovable acquired in replacement of an immovable right conveyed by him at the time of an expropriation or which he conveyed to a person pursuant to a notice of expropriation from such person, must be reduced, for the purposes of computing the transfer duties, by an amount equal to the proceeds of disposition which may reasonably be attributed to such immovable right.

(2)  The reduction contemplated in subsection 1 shall not be made unless:

(a)  the immovable acquired as a replacement is used for purposes similar to those of the replaced immovable right; and

(b)  the immovable acquired as a replacement is acquired before the end of the second year following

i.  the day of the transfer of the replaced immovable right, or

ii.  if the immovable right was expropriated, the first of the following days:

(A)  the day the transferee has agreed to an amount as full compensation for that immovable right;

(B)  where a claim or other proceeding has been taken before a tribunal of competent jurisdiction, the day on which the amount of the compensation is finally determined by that tribunal;

(C)  where a claim or other proceeding referred to in subparagraph B has not been taken within two years after the event giving rise to compensation, the day that is two years following the day of that event.

(3)  The reduction contemplated in subsection 1 does not apply if the replaced immovable right was intended for purposes of speculation.

1976, c. 30, s. 8.