An Indian living on a reserve and performing a portion of his duties of employment on a reserve takes an unpaid leave of absence that is funded by a salary advance, that is required to be repaid over a number of years. After finding that the advance was taxable when received, CRA went on to state:
Paragraph 8(1)(n) clarifies the tax treatment of a salary reimbursement to an employer. Paragraph 8(1)(n) generally permits a deduction in computing income from an office or employment to the extent that the amount to be repaid was previously included in computing income from an office or employment. If the deduction in a taxation year is greater than the amount of employment income for the year, then there will be a loss arising from employment, which could be considered a non-capital loss as defined in subsection 111(8).