Re: [Fed-Talk] iPhone/iTunes App Store - sales tax in T&C
Re: [Fed-Talk] iPhone/iTunes App Store - sales tax in T&C
- Subject: Re: [Fed-Talk] iPhone/iTunes App Store - sales tax in T&C
- From: "Dan O'Donnell" <email@hidden>
- Date: Wed, 24 Feb 2010 10:18:26 -0800
- Thread-topic: [Fed-Talk] iPhone/iTunes App Store - sales tax in T&C
That phrasing probably comes from Apple's interpretation of California law
about tax and online sales.
Federal law does indeed trump state laws and regulations, and I believe that
Federal does not pay state taxes in any state.
But IANAL either.
On 2/24/10 9:26 AM, "Rex Sanders" <email@hidden> wrote:
> Nobody reads these things unless they need to. Fortunately, Google
> did the reading for me :-)
>
> http://www.apple.com/legal/itunes/appstore/us/terms.html
>
> Note the last sentence in section 15 - Sales Tax:
>
> "No customers are eligible for tax exemptions for transactions made on
> the Service."
>
> Same phrase in overall iTunes Store T&C:
> http://www.apple.com/legal/itunes/us/terms.html
>
> So we have the same sales tax problem with anything sold through
> iTunes: apps, videos, songs, etc.
>
> Apple needs to change iTunes & App Store Terms and Conditions, in
> addition to other changes, to enable tax-exempt purchases.
>
> One could argue that Federal law trumps Apple contract T&Cs. Good
> luck with that. IANAL.
>
> -- Rex
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