Transfer duties

The right of ownership of a property is transferred when an act of transfer is published in the land registry office, as in the following cases:

• A deed of sale;
• A rental contract on a property exceeding 40 years;
• An emphyteutic lease;
• The transfer of an emphyteutic lease;
• A deed of a gift;
• The transfer of ownership following the death of the (or one of the) owner(s).

The property transfer tax is applied to all property transfers. It is the purchaser of the property who must pay the transfer tax. If there are several purchasers, they are held jointly responsible for the payment of the transfer tax.

The transfer tax is calculated on the greater of the three following amounts:

• the amount of the consideration furnished for the transfer of the immovable, excluding TPS and TVQ (the sale price);
• the amount of the consideration stipulated for the transfer of the immovable (the price stipulated in the notarial deed);
• the amount of the market value of the immovable at the time of its transfer.

Market Value

When a property constitutes an individual entry on the valuation roll, its market value is the value shown on the roll multiplied by the comparative factor, at the date of transfer.

• For 2025: Market value = Value on valuation roll x 1.00 (comparative factor)

For the calculation of the property transfer tax, a comparative factor is determined each year and provides a means to standardize all the valuations entered on the roll in effect. It is established every year by the City assessor and is approved by the government.

The transfer tax is calculated in relation to the base amount according to the following rates:

1. portion of base amount up to $61,500: 0,5 %
2. portion of base amount between $61,500.01 and $307,800: 1,0 %
3. portion of base amount between $307,800.01 and $500,000: 1.5 %
4. portion base amount exceeding $500,000.01: 3,0 %

Take, for example, a property purchased for $850,000, whose value on the roll is $1,082,569 and consideration stipulated is $850,000.

Market value = Value on valuation roll x Comparative factor:

In 2025: $1,082,569 X 1.00 = $1,082,569

The higher of the following three amounts is taken as the base amount:

• The consideration stipulated: $850,000
• The market value: $1,082,569
• The sale price: $850,000

Thus, the taxation basis is $1,082,569. The transfer tax is $23,130.57 for 2025, calculated as follows:

1. $61,500 X 0,5 % = $307.50
2. $246,300 X 1,0 % = $2,463
3. $192,200 X 1,5 % = $2,883
4. $582,569 x 3 % = $17,477.07

In certain cases, a buyer may be exempt from paying the transfer tax. To benefit from an exemption, the notary must include a note in the deed of sale pertaining to the type of exemption requested. The Ville de Saint-Lambert reserves the right to request documents justifying the exemption. It should be noted that even if a transaction is exempt, a special duty may still apply.

Main situations that benefit from an exemption:

• Taxable amount is less than $5,000;
• Transfer between parties with a direct family link (children, parents, grandparents, sons-in-law, daughters-in-law);
• Transfer between spouses (married or de facto spouses, i.e. between two people of different or the same sex who have been living together for a certain period of time, normally 12 months);
• Transfer between ex-spouses (separated for less than a year for de facto spouses, or within 30 days of the divorce decree for married people).
• Transfer occurs as a consequence of the death of a person who is directly bound to the transferee;
• Purchaser is a public body within the meaning of the law;
• Seller is a physical person and the purchaser is a corporation of which the seller owns at least 90% of the voting shares;
• Transfer is by the municipality of a property that was acquired under the Act Respecting Municipal Industrial Immovables;
• Repossession of the property is by a mortgage company, or other loan company

Purchasers of immovables whose transfer is not registered in the Land Register are required to send the Ville de Saint-Lambert, within 90 days of the transaction, a duly completed Disclosure of Transfers of Immovables Not Registered in the Land Register form, as well as any documents requested in support of the disclosure. The Ville de Saint-Lambert will then issue a transfer tax invoice.

Revenu Québec will impose an additional duty equal to 150% of the transfer duty on transferees who fail to file the disclosure notice with the municipality.

When an exemption from transfer duties has been granted under section 19, but possession of at least 90% of the shares with full voting rights has ceased, you must within 90 days complete and forward to the Ville de Saint-Lambert the applicable Disclosure form when the condition for exemption ceases to be met form.

Failure to comply with this obligation could result in Revenu Québec charging you an additional fee of150% of the transfer tax.