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S774 Income Tax Act 2007

‘Occupation� embraces all activities that are of a kind pursued in any profession or vocation, irrespective of whether the individual is in fact carrying on a profession or vocation or is an employee or office-holder. Thus, although the individual may be an employee of, for example, his service company, if the activities which he performs in the course of his employment are of a kind which are performed as part of a profession or vocation, those activities are within the meaning of ‘occupation� for the purposes of the sale of income provisions.

The use of the word ‘vocation� in the definition brings in activities that do not fall within the normal meaning of the word ‘profession�. For example, a jockey may well be carrying on a vocation without carrying on a profession. The words ‘profession or vocation� embrace not only actors, actresses, pop stars and the usual TV and film personalities but also such people as golfers, tennis players, footballers, boxers and so on.