T-0.1 - Act respecting the Québec sales tax

Section 105 Disposition versions

1992-07-01

105. A supply of farmland by way of sale made by a person that is a partnership, trust or corporation to a particular individual, an individual related to or a former spouse of the particular individual, is exempt where

(1)  immediately before the time ownership of the property is transferred under the supply,

(a)  all or substantially all of the property of the person is used in a commercial activity that is the business of farming;

(b)  the particular individual is a member of the partnership, a beneficiary of the trust or a shareholder of or related to the corporation, as the case may be; and

(c)  the particular individual, the spouse of the particular individual or a child, within the meaning of paragraph d of section 451 of the Taxation Act (chapter I-3), of the particular individual is actively engaged in the business of the person; and

(2)  immediately after the time ownership of the property is transferred under the supply, the farmland is for the personal use and enjoyment of the individual to whom the supply was made or of an individual related thereto.

1991, c. 67, s. 105.