Gina,

Two thins of note;

Apple could never claim, nor could we, that their products were originally 
designed for the blindness market. Its in none of their marketing materials 
etc, Apple have specifically designed this for blind users and not sighted ones 
etc.

Secondly, having pushed Apple hard on this, that is , why some stores do it, 
and others do not. I have received an e-mail from them last week confirming 
that an error had been made at certain stores… That Apple would pay the VAT on 
the orders to date that they should not have let through, and that they would 
not be making this clear mistake into the future.

I rang the store that I had got the VAT off of only four weeks ago, and asked 
to speak to the same employee… Without indicating that I knew that things in 
theory had changed, I asked if I could come back and buy another Mac… He 
stated, not with VAT nil rated, that they had receive a directive from head 
office, explaining that they had been breaching VAT regulations and that they 
could no longer nil rate VAT.

so that, as they say is that.





Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an Apple iOS, 
Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit www.talknav.com

URL: - www.talknav.com
e-mail: - serv...@talknav.com
Phone: - +44  844 999 4199

On 25 Dec 2012, at 23:28, Georgina Joyce <r...@o2.co.uk> wrote:

> Hello,
> 
> It is a nice one for lawyers to argue about. I guess Apple could argue that 
> 4.5.2 was applicable. How does anyone know what the original intention was?
> 
> What concerns me is that some potential recipients on this list and the 
> access UK list are finding it difficult to accept. Surely, we should be 
> helping each other and share the names of those stores that provide the 
> exemption. Whether in the course in time they all do or if it's at the 
> discretion of each manager, I don't know. But good luck to all those who have 
> received it. Regent Square, Belfast and Trafford Centre.
> 
> Let's just stop quoting legal stuff and support our fellow VIP in accessing 
> IOS devices. After all, that is what this list is for.
> 
> Gena
> 
> 
> 
> 
> On 25/12/2012 21:25, Peter Holdstock wrote:
>> Hi, appologies as the only messages I've seen on this subject are those
>> below. But I thought this might clarify the fact that Apple products
>> wouldn't be covered for zero vat as they weren't specifically designed
>> for disabled people. The link to the page on the HMRC site is below.
>> 
>> 4.5 Other equipment and appliances “designed solely” for use by a
>> disabled person
>> 
>> 4.5.1 General
>> 
>> You can zero rate the supply to an eligible customer as detailed in
>> paragraph 3.1 of any other equipment and appliances that have been
>> designed solely for use by disabled people.
>> 
>> It is not sufficient for zero-rating that the equipment or appliance is
>> merely destined or intended for use by a disabled person, or is mainly
>> purchased by disabled persons. For example, general purpose equipment
>> such as most computer hardware, ordinary or orthopaedic beds,
>> orthopaedic or reclining chairs may benefit a disabled person, but are
>> designed for general use or for use by disabled and able bodied people
>> alike. Such products are not eligible for relief.
>> 
>> Equipment which has been designed solely for use by a disabled people
>> will remain eligible for relief even though they are available to be
>> purchased by people who do not have a disability. VAT relief will
>> however only apply to supplies which are made to eligible persons or
>> bodies as detailed in paragraph 3.1.
>> 
>> 4.5.2 Meaning of “designed solely for use by a disabled person”
>> 
>> This means the original intention of the designer was to produce
>> equipment or an appliance designed solely to meet the needs of persons
>> with one or more disabilities. The design must succeed in that the
>> product does in fact meet the needs of disabled persons. There are a
>> number of conditions which may, but do not invariably result in
>> disability - such as:
>> ◾ asthma;
>> ◾ psoriasis; and
>> ◾ dyslexia.
>> 
>> Equipment which meets the needs of people with such a condition will
>> only qualify for zero-rating if designed solely for the purpose of
>> meeting the needs of disabled sufferers of the condition.
>> 
>> http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageImport_ShowContent&id=HMCE_CL_000184&propertyType=document
>> 
>> 
>> 
>> Peter
>> 
>> -----Original Message----- From: Neil Barnfather - TalkNav
>> Sent: Monday, December 17, 2012 4:45 PM
>> To: viphone@googlegroups.com
>> Subject: Re: You can by apple products in the UK VAT free if your blind.
>> 
>> Laura,
>> 
>> Conflicting is not the word for it…
>> 
>> I personally myself went into Apple Regents Street London, and bought 4
>> iPad's, 3 Mini's and a 4th Gen, and paid no VAT for any of them.
>> 
>> The senior cashier specifically told me that the information could be
>> found in the Apple Me documentation. This is apparently the system that
>> all Apple employees have access to, it tells them how to be a good Apple
>> bod.
>> 
>> In this document it specifically states that only phones are excluded.
>> Indeed, the chap showed me on his payment terminal how he could nil rate
>> any Mac or iPad, but, when he added an iPhone 5 that had VAT.
>> 
>> we could do any combo we liked, all was VAT nil rated, bar the iPhone.
>> 
>> He read the section out of Apple Me which points out the exclusion for
>> iPHones.
>> 
>> I am still heavily arguing now with Apple as I have always bought from
>> Apple online… this is not VAT nil rated nor are over the phone
>> purchases, which seems wrong.
>> 
>> Also, you can only get base models from Apple's physical stores, if you
>> want to upgrade the Mac hardware you cannot do this either, again, I am
>> arguing this… As it basically means that blind users are not entitled
>> VAT nil rated to better machines.
>> 
>> 
>> 
>> Regards,
>> 
>> Neil Barnfather
>> 
>> Talks List Administrator
>> Twitter @neilbarnfather
>> 
>> TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an
>> Apple iOS, Macintosh and Android accessibility specialist. For all your
>> accessible phone, PDA and GPS related enquiries visit www.talknav.com
>> 
>> URL: - www.talknav.com
>> e-mail: - serv...@talknav.com
>> Phone: - +44  844 999 4199
>> 
>> On 17 Dec 2012, at 16:27, Laura <laura....@gmail.com> wrote:
>> 
>>> Neil, when did you get this information? I've just spoken to an Apple
>>> rep who says the terms and conditions state the exemption only applies
>>> to computers. I'm just curious if there's been an update recently, or
>>> if there's still conflicting info being given out.
>>> 
>>> Cheers.
>>> 
>>> Laura
>>> 
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>> 
> 
> -- 
> "If you want someone who thinks outside the box, hire someone who lives 
> outside the box" Barbara Otto
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