Income Tax Act — I-3.3 129
 from any property that is used or held principally for the purpose of gaining or producing income from an active business carried on by it, or (iii) for each election made for the year under subsection 93.4(2) by the corporation or by a partnership of which the corporation is a member (or of which the corporation is deemed to be a member under subsection 93.1(3)), (A) the portion of the FABI amount (within the meaning of subsection 93.4(2)(a)) in respect of the election that is included in computing the corporation’s income under subsection 91(1) for the year or, if the election was made by a partnership of which the corporation is a member, the portion of the FABI amount included in the partnership’s income under subsection 91(1) that is included in the corporation’s income for the year in accordance with subsection 96(1), or (B) the portion of the amount deducted under subsection 91(4) that is determined under subparagraph 93.4(2)(b)(i) to be in respect of the FABI amount to which the election relates. ( revenu ou perte ) non-eligible refundable dividend tax on hand , of a corporation at the end of a taxation year, means the amount, if any, by which the total of (a) if the corporation was a Canadian-controlled private corporation throughout the year or a substantive CCPC at any time in the year, the least of (i) the amount determined by the formula A − B where A is 30 2/3% of the corporation’s aggregate investment income for the year, and B is the amount, if any, by which (A) the amount deducted under subsection 126(1) from the tax for the year otherwise payable by it under this Part exceeds (B) 8% of its foreign investment income for the year, (ii) 30 2/3% of the amount, if any, by which the corporation’s taxable income for the year exceeds the total of (A) the least of the amounts determined under paragraphs 125(1)(a) to (c) in respect of the corporation for the year, (B) 100/(38 2/3) of the total of amounts deducted under subsection 126(1) from its tax for the year otherwise payable under this Part, and (C) the amount determined by multiplying the total of amounts deducted under subsection 126(2) from its tax for the year otherwise payable under this Part, by the relevant factor for the year, and (iii) the corporation’s tax for the year payable under this Part, (b) the total of the taxes payable under Part IV by the corporation for the year less the amount determined under paragraph (a) of the definition eligible refundable dividend tax on hand in respect of the corporation for the year, and (c) if the corporation was a private corporation at the end of its preceding taxation year, the corporation’s non-eligible refundable dividend tax on hand at the end of that preceding year exceeds (d) the portion, if any, of the corporation’s dividend refund from its non-eligible refundable dividend tax on hand determined, for its preceding taxation year, under clause (1)(a)(ii)(A). ( impôt en main remboursable au titre de dividendes non déterminés ) Conditions for subsection (4.2) (4.1) Subsection (4.2) applies in respect of a particular taxation year of a particular corporation if the following conditions are met: (a) the particular corporation has an amount of tax payable for the year under Part IV; (b) the particular corporation has claimed amounts under paragraph 186(1)(c) or (d) in respect of the year; and (c) the particular corporation would, in the absence of paragraphs 186(1)(c) and (d), have an amount determined, at the end of the year, under both paragraph (a) of the definition eligible refundable dividend tax on hand and paragraph (b) of the definition non-eligible refundable dividend tax on hand in subsection (4). Part IV tax — allocation of losses (4.2) If this subsection applies in respect of a particular taxation year of a corporation, for the purpose of determining the amount under paragraph (a) of the definition eligible refundable dividend tax on hand in subsection (4), in respect of the corporation at the end of t