Does this count as "work"?

[Prelude]

We're working on a PR application. My wife's visitor status sheet, of course, states that she is not allowed to be employed in Canada because she's still just legally a visitor. This is understandable, since they don't want you making money they can't tax, I imagine.

However, we were wondering: if I (a Canadian-born citizen) were to use a site like Patreon to fund some extra stuff for myself using my art, would it be acceptable for her to help out with that by contributing art things? The Patreon account would be under my name and I would report any and all income derived from it for income tax.

Is that legal?

Again, it would be all under my name and I would be reporting anything I got from it, so the government would still be aware of it and able to tax it and whatever else. I doubt I'd be making a particularly notable amount of money from it or anything, but I don't want to do anything that seems iffy. My wife is just really frustrated about having to only do the full-time housewife thing, not being able to help with anything that could bring in any money at all.

What are your thoughts, guys? Naturally we don't want to do anything sketchy, accidentally or otherwise, and if you think this might be a problem, we just won't do it. Thank you in advance.

 

[canuck_in_uk]

It's not just taxes. It's also about preventing illegal competition in the Canadian labour market.

It is illegal for your wife to produce products in Canada that are being sold to Canadians, regardless of the income being declared under your name. Also, telling CRA you earned the income when it was actually her is tax fraud.

 

[Ponga]

Yes, but since Patreon has global presence, would that negate the fact that this would compete with a qualified Canadian artist?

I personally believe that unless she can find a way to work remotely and reach people that are exclusively outside of Canada (only), it's probably not worth the risk. Besides...the OP stated that this really wouldn't generate much income, so why chance it?

 

[canuck_in_uk]

Yes, but since Patreon has global presence, would that negate the fact that this would compete with a qualified Canadian artist?

I personally believe that unless she can find a way to work remotely and reach people that are exclusively outside of Canada (only), it's probably not worth the risk. Besides...the OP stated that this really wouldn't generate much income, so why chance it?

I wonder whether CIC would regard a visitor manufacturing actual physical goods in Canada and then selling them outside of Canada as still being self-employed in Canada.

If the answer to that is no and a person can definitively prove that no products were sold to Canadians and no money was paid in Canada, then I would say it's safe.

The tax fraud thing still stands. A person can't claim income for work done by someone else.

 

[volkov]

...

The tax fraud thing still stands. A person can't claim income for work done by someone else.

do you have a link to such a law? isn't the biggest thing they care about is that income is claimed, it doesn't matter as much by whom

 

[Jalex23]

We're working on a PR application. My wife's visitor status sheet, of course, states that she is not allowed to be employed in Canada because she's still just legally a visitor. This is understandable, since they don't want you making money they can't tax, I imagine.

Between many reasons.

would it be acceptable for her to help out with that by contributing art things?

No, that is working illegally in Canada.

My wife is just really frustrated about having to only do the full-time housewife thing, not being able to help with anything that could bring in any money at all.

Volunteer at any non-profit organization.

 

[OhCanadiana]

We're working on a PR application. My wife's visitor status sheet, of course, states that she is not allowed to be employed in Canada because she's still just legally a visitor. This is understandable, since they don't want you making money they can't tax, I imagine.

However, we were wondering: if I (a Canadian-born citizen) were to use a site like Patreon to fund some extra stuff for myself using my art, would it be acceptable for her to help out with that by contributing art things? The Patreon account would be under my name and I would report any and all income derived from it for income tax.

Is that legal?

Again, it would be all under my name and I would be reporting anything I got from it, so the government would still be aware of it and able to tax it and whatever else. I doubt I'd be making a particularly notable amount of money from it or anything, but I don't want to do anything that seems iffy. My wife is just really frustrated about having to only do the full-time housewife thing, not being able to help with anything that could bring in any money at all.

What are your thoughts, guys? Naturally we don't want to do anything sketchy, accidentally or otherwise, and if you think this might be a problem, we just won't do it. Thank you in advance.

Hi there. Let me share two facts that you may not be aware of that may help inform your decision making process. Before I get to them, though, in a nutshell the impetus isn't taxes (which your wife may have an obligation to file and pay even if she is a visitor for immigration purposes).

1. From CIC's perspective, work is

What is work?
“Work” is defined in the Regulations as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.

http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp

The discussion of working while a student reveals CIC's though process more in depth. You can find it at http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp

Not that taxes do not play a part in the determination, probably of because.

2. If your wife's permanent residence (as in home, not PR status) is in Canada, CRA would consider he to be an ordinary resident of Canada already who needs to pay Canadian taxes. Even if her permanent home is abroad and still available to her, if she spends 183 days in Canada she would be deemed a Canadian resident for tax purposes and would need to pay Canadian taxes on her worldwide incone for the whole year (unless a tax treaty with another country supersedes this via tie-breaker rules that deem her a non-resident, I. Which case she would need to pay taxes on her Canadian sourced ncome)

 

[Prelude]

Yikes, sorry for not responding; I didn't get notified of replies this time around.

We sort of figured this might be the case but thought it was worth asking. We absolutely don't want to be doing anything skeevy or even just potentially questionable, so I think therefore given the replies here a collaborative Patreon is out of the question.

Thank you for your input, everyone. You're always really helpful.