September 30, 2014

iPads are ‘means of communication’, not computers or phones

Filed under: Gadgets,Technology by Orangemaster @ 9:44 am

In late 2012 a Dutch court ruled that iPads were not phones and that angered broadcaster RTL Nederland because that meant they would owe back taxes to the tune of 323,687 euro on 664 iPads with Vodafone subscriptions given to their employees for Christmas.

RTL appealed the ruling at the time, and yesterday a higher court overturned the decision and ruled that not only are iPads not phones, they are also not computers: they are “means of communication.” The clincher is that the law also prescribes categories of devices that are applicable to be taxed, including “phones, Internet and such communication devices.”

The iPad is a fancy tin can with a string attached to it that is not primarily used to do all your work on, giving RTL a reason to pop open some champers.

(Link: webwereld.nl)

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December 9, 2012

Apple iPad is not a phone, Dutch judge says

Filed under: Gadgets,Technology by Branko Collin @ 2:09 pm

Why would you want to ask a court whether an Apple iPad is a phone or a general computer? Well, if computers given as a Christmas bonus are considered income and phones are not, you might have an incentive, especially if the back taxes amount to 323,687 euro.

Broadcaster RTL Nederland gave 664 of its employees an iPad in 2010, including a Vodafone 3G subscription. The law says that something supplied by one’s employer does not count as income if this something is intended “to prevent costs, expenses or depreciations needed for a correct execution of one’s employment”, Arnoud Engelfriet reports.

The law also prescribes categories of devices that are applicable, including “phones, Internet and such communication devices, but not computers, nor similar devices or peripherals”.

RTL Nederland sued the Dutch tax office and the question before the court became whether these iPads were mainly computers or mainly communication devices. The court ruled on 30 November that “considering the format of the iPad (the version the claimants provided has a 9.7 inch screen diagonal) verbal communication should not be seen as the central function of the iPad.”

RTL Nederland will appeal the decision. “We are a media company,” a spokesperson told Webwereld. “We work with those iPads, they are part of our daily business.”

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