Income Tax Act — I-3.3 95
perty that is included in any of paragraphs (a) to (i); ( bien de placement ) lease obligation of a person includes an obligation under an agreement that authorizes the use of or the production or reproduction of property including information or any other thing; ( obligation découlant d’un bail ) lending of money by a person (for the purpose of this definition referred to as the “lender”) includes (a) the acquisition by the lender of trade accounts receivable (other than trade accounts receivable owing by a person with whom the lender does not deal at arm’s length) from another person or the acquisition by the lender of any interest in any such accounts receivable, (b) the acquisition by the lender of loans made by and lending assets (other than loans or lending assets owing by a person with whom the lender does not deal at arm’s length) of another person or the acquisition by the lender of any interest in such a loan or lending asset, (c) the acquisition by the lender of a foreign resource property (other than a foreign resource property that is a rental or royalty payable by a person with whom the lender does not deal at arm’s length) of another person, and (d) the sale by the lender of loans or lending assets (other than loans or lending assets owing by a person with whom the lender does not deal at arm’s length) or the sale by the lender of any interest in such loans or lending assets; and for the purpose of this definition, the definition lending asset in subsection 248(1) shall be read without the words “but does not include a prescribed property”; ( prêt d’argent ) licensing of property includes authorizing the use of or the production or reproduction of property including information or any other thing; ( concession d’une licence sur un bien ) non-qualifying business of a foreign affiliate of a taxpayer at any time means a business carried on by the foreign affiliate through a permanent establishment in a jurisdiction that, at the end of the foreign affiliate’s taxation year that includes that time, is a non-qualifying country, other than (a) an investment business of the foreign affiliate, or (b) a business that is deemed by subsection (2) to be a business other than an active business of the foreign affiliate; ( entreprise non admissible ) non-qualifying country , at any time, means a country or other jurisdiction (a) with which Canada neither has a tax treaty at that time nor has, before that time, signed an agreement that will, on coming into effect, be a tax treaty, (a.1) for which, if the time is after February 2014, the Convention on Mutual Administrative Assistance in Tax Matters — concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol, or other international instrument, as ratified by Canada — is at that time not in force and does not have effect, (b) with which Canada does not have a comprehensive tax information exchange agreement that is in force and has effect at that time, and (c) with which Canada has, more than 60 months before that time, either (i) begun negotiations for a comprehensive tax information exchange agreement (unless that time is before 2014 and Canada was, on March 19, 2007, in the course of negotiating a comprehensive tax information exchange agreement with that jurisdiction), or (ii) sought, by written invitation, to enter into negotiations for a comprehensive tax information exchange agreement (unless that time is before 2014 and Canada was, on March 19, 2007, in the course of negotiating a comprehensive tax information exchange agreement with that jurisdiction); ( pays non admissible ) participating percentage of a particular share owned by a taxpayer of the capital stock of a corporation in respect of any foreign affiliate of the taxpayer that was, at the end of its taxation year, a controlled foreign affiliate of the taxpayer is (a) where the foreign accrual property income of the affiliate for that year is $5,000 or less, nil, and (b) where the fore