Income Tax Act — I-3.3 95
 of the fiscal period of the partnership that ended in the year and the partnership received a dividend at a particular time in that fiscal period from a corporation (in this paragraph referred to as the “payer affiliate”) that would be, if the reference in subsection 93.1(1) to “corporation resident in Canada” were a reference to “taxpayer resident in Canada”, a foreign affiliate of the taxpayer for the purposes of sections 93 and 113 at that particular time, the amount by which the portion of the dividend that is included in the value determined for A in respect of the affiliate for the year and that would be, if the reference in subsection 93.1(2) to “corporation resident in Canada” were a reference to “taxpayer resident in Canada”, deemed by paragraph 93.1(2)(a) to have been received by the affiliate for the purposes of sections 93 and 113 exceeds (i) if the affiliate and the payer affiliate are resident in the same country, nil, and (ii) in any other case, the amount that would be the deduction/non-inclusion mismatch arising from that portion of the dividend under paragraph 18.4(7)(c), if (A) subsection 18.4(6) were read without reference to its paragraph (a) and subparagraph (i) of the description of D in its paragraph (b), and (B) the amount determined for C in the definition foreign ordinary income in subsection 18.4(1) were deemed to be nil, and (b) in any other case, nil; ( revenu étranger accumulé, tiré de biens ) foreign accrual tax applicable to any amount included under subsection 91(1) in computing a taxpayer’s income for a taxation year of the taxpayer in respect of a particular foreign affiliate of the taxpayer means, subject to subsection 91(4.1), (a) the portion of any income or profits tax that may reasonably be regarded as applicable to that amount and that is paid by (i) the particular affiliate, (ii) another foreign affiliate (in paragraph (b) referred to as the “shareholder affiliate”) of the taxpayer where (A) the other affiliate has an equity percentage in the particular affiliate, (B) the income or profits tax is paid to a country other than Canada, and (C) the other affiliate, and not the particular affiliate, is liable for that tax under the laws of that country, or (iii) another foreign affiliate of the taxpayer in respect of a dividend received, directly or indirectly, from the particular affiliate, if that other affiliate has an equity percentage in the particular affiliate, and (b) any amount prescribed in respect of the particular affiliate or the shareholder affiliate, as the case may be, to be foreign accrual tax applicable to that amount; ( impôt étranger accumulé ) foreign affiliate , at any time, of a taxpayer resident in Canada means a non-resident corporation in which, at that time, (a) the taxpayer’s equity percentage is not less than 1%, and (b) the total of the equity percentages in the corporation of the taxpayer and of each person related to the taxpayer (where each such equity percentage is determined as if the determinations under paragraph (b) of the definition equity percentage in subsection 95(4) were made without reference to the equity percentage of any person in the taxpayer or in any person related to the taxpayer) is not less than 10%, except that a corporation is not a foreign affiliate of a non-resident-owned investment corporation; ( société étrangère affiliée ) foreign bank means an entity that would be a foreign bank within the meaning assigned by the definition of that expression in section 2 of the Bank Act if (a) that definition were read without reference to the portion thereof after paragraph (g) thereof, and (b) the entity had not been exempt under section 12 of that Act from being a foreign bank; ( banque étrangère ) income from an active business of a foreign affiliate of a taxpayer for a taxation year includes the foreign affiliate’s income for the taxation year that pertains to or is incident to that active business but does not include (a) the foreign affi