Income Tax Act — I-3.3 127
 disposes of without having previously converted to commercial use, the particular property or another property that incorporates the particular property, there shall be deducted in computing the amount determined under subsection (8) in respect of the partnership at the end of the particular fiscal period the lesser of (d) the amount that can reasonably be considered to have been included in respect of the particular property in computing the amount determined under subsection (8) in respect of the partnership, and (e) the percentage (described in paragraph (b)) of (i) where the particular property or the other property is disposed of to a person who deals at arm’s length with the partnership, the proceeds of disposition of that property, and (ii) in any other case, the fair market value of the particular property or the other property at the time of the conversion or disposition. (28.1) [Repealed, 2017, c. 20, s. 23] Recapture of investment tax credit of allocating taxpayer (29) Where (a) a taxpayer acquired a particular property from a person or partnership in a taxation year or in any of the 10 preceding taxation years, (b) the cost of the particular property was a qualified expenditure to the taxpayer, (c) all or part of the qualified expenditure can reasonably be considered to have been the subject of an agreement made under subsection (13) by the taxpayer and another taxpayer (in this subsection referred to as the “transferee”), and (d) in the year and after February 23, 1998, the taxpayer converts to commercial use, or disposes of without having previously converted to commercial use, the particular property or another property that incorporates the particular property, there shall be added to the taxpayer’s tax otherwise payable under this Part for the year the lesser of (e) the amount that can reasonably be considered to have been included in computing the transferee’s investment tax credit in respect of the qualified expenditure that was the subject of the agreement, and (f) the amount determined by the formula A × B - C where A is the percentage applied by the transferee in determining its investment tax credit in respect of the qualified expenditure that was the subject of the agreement, B is (i) where the particular property or the other property is disposed of to a person who deals at arm’s length with the taxpayer, the proceeds of disposition of that property, and (ii) in any other case, the fair market value of the particular property or the other property at the time of the conversion or disposition, and C is the amount, if any, added to the taxpayer’s tax payable under subsection (27) in respect of the particular property. Addition to tax (30) Where a taxpayer is a member of a partnership at the end of a fiscal period of the partnership, there shall be added to the taxpayer’s tax otherwise payable under this Part for the taxpayer’s taxation year in which that fiscal period ends the amount that can reasonably be considered to be the taxpayer’s share of the amount, if any, by which (a) the total of (i) the total of all amounts each of which is the lesser of the amounts described in paragraphs (28)(d) and (e) in respect of the partnership in respect of the fiscal period, and (ii) the total of all amounts each of which is the lesser of the amounts described in paragraphs (35)(c) and (d) in respect of the partnership in respect of the fiscal period, (iii) [Repealed, 2017, c. 20, s. 23] exceeds (b) the amount that would be determined in respect of the partnership under subsection (8) if that subsection were read without reference to subsections (28) and (35). Tiered partnership (31) Where a taxpayer is a member of a particular partnership that is a member of another partnership and an amount would be added to the particular partnership’s tax payable under this Part for the year pursuant to subsection (30) if the particular partnership were a person and its fiscal period were its taxation year, that amount is deeme