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Apple states iPhone apps are not for business use

Matthew Hopson   on 22 September 2009 - 09:58 · 15 comments & 6498 views

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A Swedish customer found out the hard way that applications sold through the iTunes store are for personal use only, with business use forbidden by Apple, when trying to reclaim tax on a purchase he made from the store, according to news site The Register.

With a business section containing 78 pages of apps on the iTunes Application Store, one would assume that they are aimed at business use. However, one customer was advised that "The iTunes Store sells only to customers as end-users for personal, noncommercial use."

Posting in his blog, the Sweden-based customer was told that "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 issue arose after the customer complained to Apple when they found that the receipt provided lacked the information required for reclaiming Value Added Tax (VAT) - a European sales tax. All countries within the EU charge VAT, although how much and on what depends on the individual country's tax laws. In the UK and Sweden, VAT is added to so-called "luxury" products. As a business does not have any luxuries it can reclaim the tax, providing it has suitable receipt.

Taking a look at the UK terms and conditions, you can see it does clearly state "Your license of Products as authorized hereunder permits you to use the Products only for personal, non-commercial use."

The reasoning behind the terms is likely down to simplifying the complicated tax laws of the EU. In order for a UK business to buy from the app store, they would have to send their VAT registration number to Apple. Apple would then remove the VAT from the transaction. However, as The Register writes, "Apple can't be arsed with all that."

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(3 replies) #1 +betadan on 22 Sep 2009 - 10:41
Then why have they approved Process Away if it's for personal use only?
#1.1 DomZ on 22 Sep 2009 - 11:07
I don't think they are prohibiting you using Apps for commercial use, just that they don't recognise any sales to businesses and class every sale as a personal sale, so you can't claim back to tax.
#1.2 carmatic on 22 Sep 2009 - 11:16
if there was a thumbs up button on neowin, i'd click it for that comment..
#1.3 Aergan on 22 Sep 2009 - 11:49
betadan said,
Then why have they approved Process Away if it's for personal use only?


They've even showcased that app or similar on UK National TV as apart of the iPhone TV campaign.

What an absolute crock.
(5 replies) #2 ccuk on 22 Sep 2009 - 11:02
VAT is added to all goods sold in the UK, by VAT registered companies, not just luxury products.
#2.1 BGM on 22 Sep 2009 - 11:05
ccuk said,
VAT is added to all goods sold in the UK, by VAT registered companies, not just luxury products.

no it is actually only on luxury goods.

there is no VAT on food, children's clothes, books etc as these are deemed a necessity (yes, weird.. are adults meant to just go nekkid?! )

everything else is a luxury
#2.2 ptchaos on 22 Sep 2009 - 11:20
BGM said,
no it is actually only on luxury goods.

there is no VAT on food, children's clothes, books etc as these are deemed a necessity (yes, weird.. are adults meant to just go nekkid?! )

everything else is a luxury

In Portugal, all products have VAT tax.
#2.3 souldreamer on 22 Sep 2009 - 11:23
ptchaos said,
In Portugal, all products have VAT tax.


Blame Sócrates LOL
#2.4 +Kirkburn on 22 Sep 2009 - 13:07
BGM said,
no it is actually only on luxury goods.

there is no VAT on food, children's clothes, books etc as these are deemed a necessity (yes, weird.. are adults meant to just go nekkid?! )

everything else is a luxury

Indeed, http://en.wikipedia.org/wiki/Jaffa_Cakes#Cake_or_biscuit.3F is a fun read on this topic
#2.5 ricknl on 22 Sep 2009 - 13:55
And VAT has nothing to do with the EU. Even Turkey has VAT since 1984, and she's not an EU member.

UK might have exceptions but many countries charge VAT almost on all products, and not just the luxury items. However, typically VAT rate would be less for food and books, while it may be up to 25% even on clothes, shoes etc (and don't tell me, it's a luxury in Europe to wear clothes)
(2 replies) #3 zoonyx on 22 Sep 2009 - 11:19
This story is just under a month old. Seems an odd choice to post it now?
#3.1 +Kirkburn on 22 Sep 2009 - 13:02
zoonyx said,
This story is just under a month old. Seems an odd choice to post it now?

Well, it hadn't been posted previously, and personally I hadn't come across it.
#3.2 NeoTrunks on 22 Sep 2009 - 13:45
It was posted because I didn't know about it.
#4 petroid on 22 Sep 2009 - 12:02
Want to process credit card payments anywhere at anytime? There's an App for that. But you can't claim it on tax.
#5 morphen on 22 Sep 2009 - 13:48
well, don't you just love that apple ruins the marked for their own products:p

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