Income Tax Act — I-3.3 18
as occurring in the construction of any such building if construction of at least one such building proceeds after 1982 without undue delay and continuous construction of all other such buildings proceeds after 1983 without undue delay. Commencement of footings (3.7) For the purposes of this section, the installation of footings or other base support for a building shall be deemed to commence on the first placement of concrete, pilings or other material that is to provide permanent support for the building. Limitation on deduction of interest (4) Notwithstanding any other provision of this Act (other than subsection (8)), in computing the income for a taxation year of a corporation or a trust from a business (other than the Canadian banking business of an authorized foreign bank) or property, no deduction shall be made in respect of that proportion of any amount that would, in the absence of this subsection and section 18.2, be deductible in computing that income in respect of interest paid or payable by it on outstanding debts to specified non-residents that (a) the amount, if any, by which (i) the average of all amounts each of which is, in respect of a calendar month that ends in the year, the greatest total amount at any time in the month of the outstanding debts to specified non-residents of the corporation or trust, exceeds (ii) 1.5 times the equity amount of the corporation or trust for the year, is of (b) the amount determined under subparagraph (a)(i) in respect of the corporation or trust for the year. Definitions (5) Notwithstanding any other provision of this Act (other than subsection (5.1)), in this subsection and subsections (4) and (5.1) to (6.1), beneficiary has the same meaning as in subsection 108(1); ( bénéficiaire ) equity amount , of a corporation or trust for a taxation year, means (a) in the case of a corporation resident in Canada, the total of (i) the retained earnings of the corporation at the beginning of the year, except to the extent that those earnings include retained earnings of any other corporation, (ii) the average of all amounts each of which is the corporation’s contributed surplus (other than any portion of that contributed surplus that arose at a time when the corporation was non-resident, or that arose in connection with a disposition to which subsection 212.1(1.1) applies or an investment , as defined in subsection 212.3(10), to which subsection 212.3(2) applies) at the beginning of a calendar month that ends in the year, to the extent that it was contributed by a specified non-resident shareholder of the corporation, and (iii) the average of all amounts each of which is the corporation’s paid-up capital at the beginning of a calendar month that ends in the year, excluding the paid-up capital in respect of shares of any class of the capital stock of the corporation owned by a person other than a specified non-resident shareholder of the corporation, (b) in the case of a trust resident in Canada, the amount, if any, by which (i) the total of (A) the average of all amounts each of which is the total amount of all equity contributions to the trust made before a calendar month that ends in the year, to the extent that the contributions were made by a specified non-resident beneficiary of the trust, and (B) the tax-paid earnings of the trust for the year, exceeds (ii) the average of all amounts each of which is the total of all amounts that were paid or became payable by the trust to a beneficiary of the trust in respect of the beneficiary’s interest under the trust before a calendar month that ends in the year except to the extent that the amount is (A) included in the beneficiary’s income for a taxation year because of subsection 104(13), (B) an amount from which tax was deducted under Part XIII because of paragraph 212(1)(c), or (C) paid or payable to a person other than a specified non-resident beneficiary of the trust, and (c) in the case of a corporation or trust that is not resident