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I'm thinking about purchasing iDevices and Macs that are broken and refurbishing them and possibly reselling for a profit.
What types of certifications or licenses will I need to obtain to be compliant with all applicable laws?
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I'm seeing two parts to this question: what does Uncle Sam want and what does Apple want.
Check the Small Business Administration for the legal/tax requirements of your state. It's a way powerful resource—use it to make sure Uncle Sam is happy.
As far as Apple goes—you don't need any special licenses to refurbish and sell. I'd make sure and restore/install the OS the device came with. And, as a general rule, make sure the end user does all the software setup themselves after the OS is installed. If they want to upgrade the OS from what the device was shipped with, let them do it themselves.
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Thank you for the information. I will double check on SBA.gov, but I believe I need nothing more than a tax permit to do business for both my state and county.
When it comes to the OS installation I assume I will have to install the current OS since Apple will not be signing old iOS versions. Perhaps I can find an old copy hosted somewhere, but it'd definitely be easier to just flash the firmware from Apple's website and coming through iTunes it'd have to signed by Apple.
I will definitely look harder at this though. I just don't want to get into a battle with Apple.
Most counties in the USA require you to file a DBA certificate with your local district court to legally operate a business or open a commercial bank account.
pricing ranges from $10 to $25 for 10 years.
You can go on eBay.com and buy copies of OSX. Here is a link for Snow Leopard.
http://www.ebay.com/sch/i.html?_from=R40...
If you have access to download any of the versions you can make bootable USB drives and install the OS that way. I do this all the time. I have the Snow Leopard DVD, a Lion USB, a Mavericks USB, a Yosemite USB, and a Sierra USB. I just use the version I need depending on the system. There are tons of tutorials on the internet that will walk you through how to create a bootable USB.
Pretty well need a buisness license and a tax no. And then you will need some schooling on what your going to do. Either a deploma or certification showing you know what your doing. Then you need insurance and that gets most of what you need.
C&TComputers
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The state of Texas wants its cut. If you file an assumed name to open a bank account the local comptroller will contact you and want you to file sales tax returns either yearly or quarterly. Failure to comply with these cowboys will result in them attaching your bank account and taking what ever they deem you owe.
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I have already filed for a tax permit. I'm waiting to send in my assumed business name to the county.
The State of Texas does not require an assumed name for a sole proprietorship that includes the owner's surname in the business name as long as it also does not suggest multiple owners (e.g. "Smith and Sons").
If you use a Business name rather than you own, you need an assumed name to open a business checking account. If you do it all in your personal account, the government can seize that account and lock up or tie up all your funds.
This is an old matter so I am not going to argue with you, sir. I simply stopped to comment because I opened a business checking account just the other day for my new business, under it's name and EIN/Tax ID, which is linked to my SS#, and I had no need to file for an assumed name, which is Texas Form 503. Required was an SS-4 to get an EIN, with attached Entity Classification Election (Form 8832), and Form 2553 - Election By A Small Business Corporation For S-Corp Status for Federal, and a Sales Tax Permit And/Or Use Tax Permit - [Form AP-201] with optional Resale Certificate Form [01-339] for State.
Texas assumed name law only applies to the name of your sole proprietor business in two situations: the name does not include your surname or suggest the existence of other owners by including such words as “Company,” “& Company,” “& Associates” or similar words. If either of these situations apply, you are required to file an assumed name certificate with the county clerk's office where your principal place of business is located. That is the law in the great state of Texas as explained to me by the tax lawyer assigned to me by my Registered Agent who is handling my LLC formation. See:
BUSINESS AND COMMERCE CODE
TITLE 5. REGULATION OF BUSINESSES AND SERVICES
SUBTITLE A. GENERAL PRACTICES
CHAPTER 71. ASSUMED BUSINESS OR PROFESSIONAL NAME
SUBCHAPTER A. GENERAL PROVISIONS
Also known as The Assumed Business or Professional Name Act.
Added by Acts 2007, 80th Leg., effective April 1, 2009.
Even if you used an assumed name the IRS still requires the SS# of the owner to assign a Tax ID, and you would STILL carry all liabilty for the debts of that company, and vice versa. The government could still go after your company for your personal debt or freeze anything they wanted to. To secure that you would need a seperation of liability only offered by a corporation or an LLC. In those the company becomes it's own entity and is not an alter-ego of the owner and therefore you don't need an assumed name then either, Most states it is required. Not Texas. Not if you name the company properly according to the guidelines.
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In order to sell the devices as certified replacements Apple requires you to take a training course and a test before they will let you do that legally. Otherwise you can sell them as just used devices without doing the Apple course.
You can learn more about the Apple Certificate here: https://support.apple.com/en-us/HT205332
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No certifications. There isn't even one that I know of that would apply, but they're all unnecessary in the electronics industry anyway. License wise you need nothing as long as it's considered a hobby or kept off the books - Craigslist, Facebook groups, local flea market... as long as you claim the items are yours personally (which they are once you buy them) and it's not a huge source of income for you, you should be fine. Once you get bigger if you open a retail store you'll need a vendor's license, but that's it. That way you charge sales tax and turn the sales in to the gubberment.
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This does apply as long as you do not make more than $400 in any given month and do not charge sales tax.
Or you use pay pal
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I have noticed in my state Rhode Island They do want there cut. Though like most stated Rhode Island does not require you to register with the state. They do require you to get A second hand permit from the town. The funny thing is only some towns require it. Hope this helps & Good Luck.
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In Florida retail resellers must have a second-hand dealer's license. It's kind of like running a pawn shop where you are required to take ID from the seller, log the serial numbers into the FL Dept of Law Enforcement data base, and there is a waiting period before you can sell. Obtaining a 2nd hand dealers lic. requires a background check.
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- de mayer
San Antonio, TX
- de Jeffrey Carpenter