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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.



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Kinda dumb really
By sprockkets on 9/22/2009 3:08:34 PM , Rating: 1
Apple's enterprise manual states how you can deploy your own business apps via iTunes privately for only your employees. So why would they have a stupid clause for "non-commercial use"?

Of course, not getting a Luxury Tax removed is quite stupid too. Considering apps or games a luxury is quite appalling. Are Wii's a luxury too? I would call it a game or something else tax; luxury tax evokes stuff like Caddy's or diamond rings, not stupid $3 apps.

Here in FL anything you use for a business that was not taxed, the lovely people in Tallahassee want the same amount as a "use tax."

And of course, in the US, if you use an iphone for business, you can claim it and your phone bill all you want, provided of course you use all those minutes for your business :).




RE: Kinda dumb really
By dark matter on 9/22/2009 3:41:39 PM , Rating: 2
VAT = luxury tax = Sales tax. Pretty sure you pay a sales tax in the US. I could be wrong, but I somewhat doubt it.

And if I am, betcha Obhama introduces it to cover the massive black hole in the finances.


RE: Kinda dumb really
By theapparition on 9/22/2009 4:02:49 PM , Rating: 3
No, there is no federal sales tax.

Most states have sales tax, which varies per state. Local municipalities (cities) may impose an additional tax.

However, there are also some states that have no sales tax and no state income tax.


RE: Kinda dumb really
By omnicronx on 9/22/2009 4:06:18 PM , Rating: 1
I'm pretty sure VAT split up amongst the entire supply chain, while sales tax is 100% on the consumer. 15% sales tax and 15% vat should end up very close. The systems differ because in the states the manufacturer does not pay the supplier of raw meterials tax as it is not the final consumer, (and it goes up through the chain in the same way, the supplier sells to the retailer untaxed and the retailer sells to the consumer that pays 100% of the taxes)

This differs from Vat where the supplier of raw materials pays the VAT but recovers the lost cost by raising the price of the product. It once again goes through the entire chain with the end result being the initial cost of the product to the final consumer is more, but you pay less taxes.

Now there are many other aspects such as supply and demand curve, but this is the basis.

As for your stupid Obama comment, read above to see why the government most likely would not be receiving more money, especially when you consider he administrative overhead required to tax 3+ levels instead of one.


RE: Kinda dumb really
By dark matter on 9/23/2009 2:29:36 AM , Rating: 2
Ok, thanks Omnicronx for explaining the sales tax.

With regards to VAT, if I were a business I would not pay VAT on items that are part of my daily operating requirements. Thus if I were a garage I would not pay VAT on the parts I purchase to repair a customers vehicle. If I did have to pay VAT I could claim it back as the purchase would be for business use. Thus VAT does = sales tax, where the final domestic consumer pays the additional charge. You are wrong that it is passed down the supply chain to the end consumer.

The fact that Apple are refusing to provide a VAT receipt so that businesses can claim this VAT back is the whole reason this article was created.

Oh, and finally, stop being defensive about Obama, it was not a stupid comment. It was more a statement of fact. I was saying if you guys do not have a sales tax then he will introduce one. You do have a deficit to maintain you know. Doesn't matter who your president is taxes are going to rise.


RE: Kinda dumb really
By Shadowself on 9/22/2009 5:19:40 PM , Rating: 2
quote:
Considering apps or games a luxury is quite appalling. Are Wii's a luxury too? I would call it a game or something else tax; luxury tax evokes stuff like Caddy's or diamond rings, not stupid $3 apps.


The concept is that anything that is not subsistence level needs (e.g., food) is a luxury. Thus the use of that "name" for the tax. I doubt, unless you have a gaming business, you can call a game anything but a luxury.

There are many, many different kinds of taxes in the U.S. If you use an iPhone for your business in some states the business has to pay a yearly "personal property tax" (as in everything that's not real estate [i.e., "real property"] is "personal property") on that iPhone and all the software on it.


RE: Kinda dumb really
By jimhsu on 9/22/2009 9:03:36 PM , Rating: 2
The problem with defining "luxury" is that the term is relative.

Consider from the following product groups, roughly ranked by prices. Which ones are luxuries?

Phones:
Gold-plated cell phone
iPhone
Blackberry
Camera phone
Gophone
No cell phone at all

Displays:
200 inch projector
30 inch LCD
21 inch CRT
Netbook screen
2-bit monochrome terminal screen

Food:
Caviar
Steak
Ham
Lobster (yes, Lobster prices are about the same as ham these days)
McDonalds
Instant ramen

The list can go on indefinitely.

This is basically why even though a luxury tax is excellent in theory, in practice it is incredibly unwieldy. What do you do when prices change? Technologies become obsolete? Economic forces make lobster cheaper than pork?


RE: Kinda dumb really
By Omega215D on 9/22/2009 9:49:08 PM , Rating: 3
No one can dispute Instant Ramen being a necessity. Look at all us college folk getting our meals for mere dollars a week and it comes loaded with nutrients like MSG: Masterful Smarts for Graduating.


RE: Kinda dumb really
By DominionSeraph on 9/22/2009 10:42:15 PM , Rating: 2
What part of 'subsistance' don't you understand?

Both phones and displays are luxuries.


RE: Kinda dumb really
By MadMan007 on 9/23/2009 10:10:00 PM , Rating: 2
I don't understand the part where that word even exists :/

Sorry :D I just had to.


RE: Kinda dumb really
By fatedtodie on 9/23/2009 8:26:42 AM , Rating: 2
Funny, out of your whole list I can only make a case for the Ramen and the ham not being luxuries.

Fast food = luxury
Electronics of any kind = luxury

Is there some breakdown in the language you miss?

From dictionary.com
"1. a material object, service, etc., conducive to sumptuous living, usually a delicacy, elegance, or refinement of living rather than a necessity: Gold cufflinks were a luxury not allowed for in his budget.

2. free or habitual indulgence in or enjoyment of comforts and pleasures in addition to those necessary for a reasonable standard of well-being: a life of luxury on the French Riviera.
3. a means of ministering to such indulgence or enjoyment: This travel plan gives you the luxury of choosing which countries you can visit.
4. a pleasure out of the ordinary allowed to oneself: the luxury of an extra piece of the cake.
5. a foolish or worthless form of self-indulgence: the luxury of self-pity.
6. Archaic. lust; lasciviousness; lechery. "

I think all on your list even the ramen and ham technically fit as luxury (they are a luxury rather than butchering the pigs yourself or making your own noodles).

Discounting that little bit of usage of the term you still fail miserably making your case, please try again later with useful arguments.


RE: Kinda dumb really
By Mitch101 on 9/22/2009 6:49:11 PM , Rating: 2
I did some work for the state house of reps in Tallahassee. What a circus that was.

The Maintenance people in the capitol building smelled of alcohol in the morning at the latest the afternoon.

There were drunk people in the church praising Jesus. Started to wonder if the church had an open bar or was a bar at night church by day.

Capital Circle was filled with the worst drivers on the planet one who got out of his car and was kicking his tires looking at them scratching his head in the fast lane. The road had a very wide shoulder but he decided the fast lane was a good place to check them. What would kicking the tires tell you?

The week they put up Walk/Dont Walk signs at the capitol building someone was hit by a car crossing the street.

The local gym would close when the staff would get football tickets. I was a huge gym too. I cant blame them but then I didn't have tickets to the game and gym had a nice couch with a big screen TV where people could watch the game providing they didn't get tickets to the game.

I remember this person who was concerned and excited because Tallahassee had a gang. It was apparently very big news. Just one gang. Like a starter set.

Playboy rated it one time as the easiest place in America to get laid. I will vouch that was true when I was there. I don't believe I got past 15 words and we were heading back to my place. A few others were very close but 15 words was probably my record.

Its also the place where my roomate took me to a bar with maybe 50 people in it and I believe that I had more teeth in my mouth than the entire bar combined. One drunk guy passed out on what was maybe an 6x6 dancefloor and people were just dancing around the passed out guy.

The highway there is the only place where the speed limit was 65 and the people are doing 55 on it.

I was there maybe 5 months. Its like some kind of bad experiment.


RE: Kinda dumb really
By afkrotch on 9/23/2009 2:45:03 AM , Rating: 2
If it's not a need, it can be considered a luxury. Depends on viewpoints.

Those who are too poor to afford a game console, games, or a fancy phone that can support apps, can consider them to be luxury items.


Slow day Mick?
By Phynaz on 9/22/09, Rating: 0
RE: Slow day Mick?
By KingConker on 9/22/2009 2:05:45 PM , Rating: 4
Oh it is news.

UK & Sweden residents are heavily taxed and those that are self-employed want & need to claim back all they can.

We use the MP model - it's widely tested ha, ha.

"Now this car I know it's my fourth company car - but this is for my wife, I mean secretary - she is paid a pittance and this is required for her role picking the kids up for school - oh I mean, running clients back to the train station!'

Etc, etc


RE: Slow day Mick?
By invidious on 9/22/2009 3:10:55 PM , Rating: 1
No one is debating that it is news, he said TECH news. Your reasoning as to why this is newsworthy had nothing to do with technology. OP is right, this is definately "soft tech news", it is news that involves a tech product, but the actual newsworthy part of it is not tech related.


RE: Slow day Mick?
By dark matter on 9/22/2009 3:42:35 PM , Rating: 2
We are not talking about turnips here you know.


RE: Slow day Mick?
By FITCamaro on 9/22/09, Rating: 0
RE: Slow day Mick?
By Alexstarfire on 9/22/2009 5:04:30 PM , Rating: 2
Only on certain days. I've seen a couple of his article be very against Apple. I think Mick is less of a person and more of a group of people, errr I mean kids.


RE: Slow day Mick?
By Makaveli on 9/22/2009 6:43:32 PM , Rating: 3
This is a major "duh"

Anyone that does business uses a blackberry not an Iphone.

its for children =)


RE: Slow day Mick?
By oTAL (blog) on 9/23/2009 10:24:35 AM , Rating: 3
Won't somebody please think of the children!!!!


US Taxes
By tdawg on 9/22/2009 3:05:35 PM , Rating: 2
quote:
In the U.S. customers don't have to worry about these problems as their purchases are not taxed.


I'm not sure about others, but whenever I buy something from itunes, I pay taxes on it.




RE: US Taxes
By SoCalBoomer on 9/22/2009 3:28:43 PM , Rating: 2
Not a VAT tax, you're paying a sales tax. Pretty flat and not the strange beast that VATs evolve into.


RE: US Taxes
By dark matter on 9/22/2009 3:39:24 PM , Rating: 2
VAT is a sales tax. Just different rates for different kinds of products, but a sales tax all the same.


no sh*t sherlock
By anandtech02148 on 9/22/2009 6:41:50 PM , Rating: 1
Who would use this for business when it's run out of juices in 4hrs. Hell just playing a few songs and my battery
is at %73. Assuming you're a business person not a nerd with his nerd porn device. Grow balls stupid american pigs and stop stereotyping yourself with geeky gadgets.




RE: no sh*t sherlock
By fic2 on 9/22/2009 7:07:41 PM , Rating: 3
quote:
Swedish customer


Apparently you missed the part where it was a Swedish customer. dumb*ss.


RE: no sh*t sherlock
By Maxima2k2se on 9/24/2009 1:58:53 PM , Rating: 2
Owned!


Wakey - wakey!
By walkerrussellc on 9/22/2009 2:34:03 PM , Rating: 2
So now you get it eh?

Apple has the hottest products, apps store and music service - you think they CARE if you can get a tax refund?

This is the American game in spades - KISS - Keep It Simple Spenders - no muss, no fuss - just smiling all the way to the bank.




Title makes no sense
By SSDMaster on 9/22/2009 3:37:03 PM , Rating: 2
quote:
Despite seemingly foster a business-friendly app model, Apple insists its App store is all fun and no work


What? Do you mean:
Despite fostering a seemingly business-friendly app model....

I mean... really? Just pathetic.




By ArcliteHawaii on 9/22/2009 10:36:35 PM , Rating: 2
That seems pretty short-sighted.




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