Rev said:
Hi,
....... is the cash paid from taking up part-time photography assignments taxable?
If not, why? Isit because the sale is private between the seller & buyer?
Or isit because it is viewed that you are selling a 'product'. As if selling a 2nd hand good and people pay U cash.
If it is, what are the ways to go about it? How would this apply if the photographer was a student?
To answer the question, one has to examine the revenue law and interpret the wordings of the taxing Acts with strictness.
Whether you will be taxed or not depend
The principal statute governing revenue law is the Income Tax Act, Chapter 134 (as revised).
If a person sought to be taxed comes within the letter of the law he must be taxed. If he cannot be brought within the letter of the law, he is free, however apparently within the spirit of the law the case might otherwise appear to be.
Income tax imposed under Section 10(1)(a) on the gains or profits of any trade, profession, vocation or business apply to the person carrying out the trade, profession, vocation or business.
Whilst the words trade, profession, vocation and business are not defined in the Act, they do share a common feature that the transactions or activities are repetitious.
So in broad term, gains from isolated transactions are generally not regarded as taxable under Section 10(1)(a). However, where the transactions are undertaken in such a manner that they appear to possess the usual characteristics of a trade or profession, the gains or profits derived therefrom could become taxable under Section 10(1)(a).
Hope the above explains.