 The business use prohibition is buried deep inside Apple's UK and Swedish Terms of Service. The move saves Apple time and money, but costs its customers'. (Source: Apple)
Despite seemingly foster a business-friendly app model, Apple insists its App store is all fun and no work
Forget that Apple has been carefully
courting
businesses and business users; forget that the iTunes App Store
has over 78 pages of business-specific applications. Apple is
insisting to one very disappointed Swedish customer, J. Martin
Wehlou, that its iPhone Apps aren't business tools and are not
meant for business use.
The incident began when Mr. Wehlou
contacted Apple seeking details on how he could deduct taxes on the
apps he purchased for his business use. Though the apps were
obviously business oriented, Apple perplexingly responded, "The
iTunes Store sells only to customers as end-users for personal,
noncommercial use."
Further, Mr. Wehlou complains
that Apple told him, "the specific terms of your agreement with
Apple when purchasing from the iTunes Store is that the content may
not be used for commercial purposes… any attempts to claim your
purchases for tax reasons would be in violation of the terms of
sale."
The incident arose because the sales records from
iTunes did not include information required for reclaiming the Value
Added Tax (VAT) - a European sales tax. VATs vary from member
state to member state. In the UK and Sweden, iPhone apps are
considered luxury items and non-refundable taxes are applied.
For typical business items in these countries, VATs are typically
applied and then refunded.
In the U.S. customers don't have to
worry about these problems as their purchases are not taxed.
However, some states have moved to try and tax
digital downloads, particularly those from iTunes, a tempting
revenue source. If this happens, U.S. business users may find
themselves in the same boat as the Europeans.
Apple's UK
terms and conditions also indicate that apps are not for business
use, stating "Your license of Products as authorized hereunder
permits you to use the Products only for personal, non-commercial
use."
By not having to take and deduct VAT taxes from
individual users, Apple saves the time of having to write specialized
back-end code. However, the bad news for Apple is that while it
may save on costs, it's tarnishing the iPhone's reputation as a
viable
business phone -- in Europe at least.
"Game reviewers fought each other to write the most glowing coverage possible for the powerhouse Sony, MS systems. Reviewers flipped coins to see who would review the Nintendo Wii. The losers got stuck with the job." -- Andy Marken
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