T-0.1 - Act respecting the Québec sales tax

Section 331.2 Disposition versions

2020-09-24

331.2. For the purposes of this division, a particular qualifying partnership and another person that is a qualifying partnership or a corporation are closely related to each other at any time if, at that time,

(1)  in the case where the other person is a qualifying partnership,

(a)  all or substantially all of the interest in the other person is held by

i.  the particular partnership,

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(b)  the particular partnership

i.  both holds qualifying voting control in respect of a corporation that is a member of a qualifying group of which the other person is a member and owns at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of the corporation, or

ii.  holds all or substantially all of the interest in a qualifying partnership that is a member of a qualifying group of which the other person is a member; and

(2)  in the case where the other person is a corporation,

(a)  qualifying voting control in respect of the other person is held by, and not less than 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of the other person are owned by,

i.  the particular partnership, or

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member,

(b)  qualifying voting control in respect of a corporation is held by, and not less than 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of the corporation are owned by,

i.  the other person, if the corporation is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the corporation is a member of a qualifying group of which the other person is a member,

(c)  all or substantially all of the interest in the particular partnership is held by

i.  the other person,

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the other person is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(d)  all or substantially all of the interest in a qualifying partnership is held by

i.  the other person, if the qualifying partnership is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the qualifying partnership is a member of a qualifying group of which the other person is a member.

2001, c. 53, s. 331; 2009, c. 5, s. 625; 2020, c. 16, s. 224.

2009-05-15

331.2. For the purposes of this division, a particular qualifying partnership and another person that is a qualifying partnership or a corporation are closely related to each other at any time if, at that time,

(1)  in the case where the other person is a qualifying partnership,

(a)  all or substantially all of the interest in the other person is held by

i.  the particular partnership,

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(b)  the particular partnership

i.  owns at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of a corporation that is a member of a qualifying group of which the other person is a member, or

ii.  holds all or substantially all of the interest in a qualifying partnership that is a member of a qualifying group of which the other person is a member; and

(2)  in the case where the other person is a corporation,

(a)  at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of the other person are owned by

i.  the particular partnership,

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii,

(b)  at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of a corporation are owned by

i.  the other person, if the corporation is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the corporation is a member of a qualifying group of which the other person is a member,

(c)  all or substantially all of the interest in the particular partnership is held by

i.  the other person,

ii.  a corporation, or a qualifying partnership, that is a member of a qualifying group of which the other person is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(d)  all or substantially all of the interest in a qualifying partnership is held by

i.  the other person, if the qualifying partnership is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the qualifying partnership is a member of a qualifying group of which the other person is a member.

2001, c. 53, s. 331; 2009, c. 5, s. 625.

2001-12-20

331.2. For the purposes of sections 329.1 to 331.4 and 334 to 336, a particular qualifying partnership and another person that is a qualifying partnership or a corporation resident in Québec are closely related to each other at any time if, at that time, the particular partnership and the other person are registrants and

(1)  if the other person is a qualifying partnership,

(a)  all or substantially all of the interest in the other person is held by

i.  the particular partnership,

ii.  a corporation resident in Québec, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(b)  the particular partnership

i.  owns at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of a corporation resident in Québec that is a member of a qualifying group of which the other person is a member, or

ii.  holds all or substantially all of the interest in a qualifying partnership that is a member of a qualifying group of which the other person is a member; and

(2)  if the other person is a corporation,

(a)  at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of the other person are owned by

i.  the particular partnership,

ii.  a corporation resident in Québec, or a qualifying partnership, that is a member of a qualifying group of which the particular partnership is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii,

(b)  at least 90% of the value and number of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of a corporation resident in Québec are owned by

i.  the other person, if the corporation is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the corporation is a member of a qualifying group of which the other person is a member,

(c)  all or substantially all of the interest in the particular partnership is held by

i.  the other person,

ii.  a corporation resident in Québec, or a qualifying partnership, that is a member of a qualifying group of which the other person is a member, or

iii.  any combination of corporations or partnerships referred to in subparagraphs i and ii, or

(d)  all or substantially all of the interest in a qualifying partnership is held by

i.  the other person, if the qualifying partnership is a member of a qualifying group of which the particular partnership is a member, or

ii.  the particular partnership, if the qualifying partnership is a member of a qualifying group of which the other person is a member.

2001, c. 53, s. 331.