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Apple Retains 30% Tax Rule, Delays Cryptocurrency and NFTs Inclusion

By Hallie Gill
Aug 10, 2023
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The hopes of crypto app developers seeking relaxation of Apple's App Store rules have been put on hold after the US Supreme Court postponed the decision to allow apps to guide users to make payments outside of Apple's ecosystem.

On August 9, Judge Elena Kagan declined to grant the immediate effect of the federal appeals court's ruling that Epic Games had requested, without providing any explanation for her decision. The Ninth Circuit Court of Appeals had ruled in April that Apple violated California competition law by permitting apps to steer users to payment solutions not affiliated with Apple.

This verdict means developers like Epic Games now have the ability to direct users to alternative payment methods, enabling them to bypass Apple's 30% fee on in-app payments. This fee has also posed a challenge for cryptocurrency firms, particularly those aiming to offer iOS users the ability to purchase non-fungible tokens.

Currently, for apps listed on Apple's App Store, there's no way to acquire NFTs except through the in-app payment system, which involves a 30% commission and only supports fiat currency purchases. Apple's guidelines prohibit apps from using passwords to unlock features or make in-app purchases.

This situation has led to most crypto apps having limited functionality, like only allowing users to view balances and assets. Cryptocurrency exchange apps remain unaffected. Judge Kagan's denial of Epic's request implies that Apple will have a temporary respite of a few months as it prepares to appeal the Supreme Court's ruling.

Nonetheless, if the Supreme Court declines Apple's appeal, the Ninth Circuit's ruling will take effect. Epic argued that the appeals court employed "lax legal standards" in granting the stay, which would adversely impact Epic, consumers, and others app developers for an extended duration. In response, Apple contended that the ban, which has been in place for two years, doesn't even apply to Epic. Apple had removed Epic's game "Fortnite" from the App Store in August 2020 due to its attempt to bypass Apple's in-app payment system.

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