Do I need to establish a DBA or LLC? Are there any permits permits required to doing business? If I live in Mass but go to school in Rhode Island which state would i register in? What are any and all legal matters related to the bulk candy quarter vending machines in Rhode Island? Do I need to register a tax ID?
There are a number of issues that you raise and you should consult with a business attorney in the jurisdiction were you want to operate the vending machines. You do not need an LLC (or a dba unless you want one), although that is up to you what form of entity you think is best for asset protection and taxes. Depending on whether you form an LLC or corporation or not, yes you would need a federal EIN. You would need to obtain licensure in the state(s) where you sell the candy.
Any answer posted by Webb Millsaps, Esq. ("Mr. Millsaps") and Webb Millsaps Law Firm, PA ("Millsaps Law") on this website is provided as a courtesy FOR INFORMATIONAL PURPOSES and is based on limited information provided in the question posed. Mr. Millsaps and Millsaps Law provide legal counsel only to clients who hire Mr. Millsaps and Millsaps Law. That can occur only after an adequate consultation has been made by Millsaps Law to ascertain all the relevant information needed, a conflict check has been successfully performed by Millsaps Law, and Millsaps Law has agreed in writing to accept the particular new client. No attorney-client relationship exists based on any post by Millsaps Law on this site.
Congratulations on your business idea. These are good questions.
Under Rhode Island statutes, the registration issues are governed by city and town. I've copied the state statute below. Basically, if the town where you are placing the machine has a vending machine ordinance, then you have to register each vending machine location in that town.
In terms of a tax id . . . it's really up to you. Obviously, you will want to report the taxable income from your venture, but you need to decide whether you are going to do that on your 1040 tax return or through a separate entity. If you are simply installing quarter candy machines, you can probably do so under your own name, at least when you first start your business. I would suggest that you consult with an accountant to determine whether there are tax benefits or consequences to forming a new company.
Good Luck with your venture.
§ 45-6-10 Registration of vending machines. – (a) Every city or town, may, by ordinance require each person, corporation, partnership or other business operating a vending machine service for profit, prior to transacting or conducting business from any site within a city or town, to obtain without charge a registration certificate stating the name under which the person, corporation, partnership or other business organization is conducted or transacted and its business address.
(b) Any vending machine ordinance may require the person, corporation, partnership or other business organization on a quarterly basis to provide the city or town with a list of each site within the city or town where a vending machine operates and the number of machines operating on each site.
The list is confidential and not subject to disclosure. Any person who discloses the information contained in the list shall be fined the sum of one thousand dollars ($1,000).
(c) No ordinance passed under this section shall take effect until sixty (60) days after its final passage.
(d) Any person, corporation, partnership or other business organization carrying on, conducting, or transacting business as provided in this section who fails to comply with the provisions of any vending machine ordinance may be fined not exceeding seven hundred fifty dollars ($750) per machine in violation of subsection (b) or one thousand dollars ($1,000) in violation of subsection (a).
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline