When Do You Need To File
However, if your business intends to use a name different from your own, such as City Styling Salon or The Final Cut, you will need to file DBA forms to make it clear to the state, and your customers, who is behind the business. That is the reasoning behind such forms making sure customers know the name of the business owner.
The Importance Of A Dba
Im sure this sounds like a lot of unnecessary, extraneous paperwork. Yet there actually are a few important reasons to get your DBAs in order.
1. Its the easiest way to register your name. If youre a sole proprietor, then filing for a DBA is going to be the simplest and least expensive way to use a business name. You can create a separate professional business identity, without having to form an LLC or corporation. And for sole proprietors, a DBA is required in order to open a bank account and receive payments in the name of your business.
2. For LLCs or corporations, a DBA will let you operate multiple businesses without having to form a separate LLC or corporation for each business. Lets say your business wants to expand into multiple websites, stores, restaurants, services, etc. You can create a corporation with a relatively generic name and use a DBA for each individual business. This will cut down on your paperwork and expenses when youre operating multiple projects.
3. Keeps your business compliant. If your business is an LLC or corporation, you enjoy certain legal protections. However, these protections may be invalidated if youre operating under a different name and didnt file for a DBA. For example, I may have incorporated Spring Flowers Gardening, Inc. But if I sign a client contract under Spring Flowers , that contract may not hold up in court.
Can You Get A Dba Online In Texas
You apply for an Employer Identification Number through the Internal Revenue Service. You do not need to file an Assumed Name Certificate. To start the DBA process, you need to file an Assumed Name Certificate with the state of Texas. This is also called Form 503, and you can fill it out online or manually.
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Implications Of Using A Dba
A fictitious business name only provides you the ability to operate under a different name than your own it does not carry any legal protections or limited liability. You and your business are still one entity, and anyone seeking legal action against you would still sue you personally. You would also continue to sign your own name on legal documents and contracts.
Although using a DBA as a sole proprietor in Texas does not change the structure of your business, it can provide marketing advantages. Coming up with a name for your businessrather than just using your personal namegives potential customers and clients a better idea of what your business values and what it has to offer.
In Texas, if you operate under an assumed name, you may face harsh penalties and fees that could include misdemeanor charges, being prohibited from filing or defending a lawsuit in Texas, and large fines.
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Government Forms And Applications
Once you file a DBA for your sole proprietorship, you must use your company name on all government forms, such as the Schedule C you attach to your tax returns. Your personal tax return will still be under your name, but your Schedule C will list your company name. For example, if John Smith owns New Newsletters, he files a form 1040 as John Smith and attaches a Schedule C for New Newsletters. You must also use your company name on state applications for permits and a request for a taxpayer ID number.
Things A Dba Won’t Do
While filing a DBA will provide your business with some benefits, don’t assume that it will do any of the following.
Provide legal protections: A DBA is not the same as an LLC. LLCs and similar corporate structures provide your business with a suite of legal protections and help remove personal assets from business liabilities. A DBA is essentially just the ability to operate under a fictitious name. DBAs do not provide additional protections.
Grant naming rights: Depending on your county or state, a DBA will not protect your business’s name. Typically, you’ll need to incorporate your business in order to protect the name of your choosing. Also, even if your local county or state protects your business’s name with a DBA, it does not mean that the name is protected outside of the county or state in which you filed the DBA.
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What Is A Dba
Before we start analyzing and understanding business structures, we need to understand the term DBA and explain that a DBA is not a legal structure.
DBA is an acronym for Doing Business As and refers to the difference between the legal name of the business and the name by which it operates day-to-day, the name by which customers and associates may know the company . Some states do require businesses to register the DBA name before they can begin using it, such as California and Florida.
A DBA is not a legal structure but rather a way to allow a sole proprietorship to have a business name without filing an LLC or Corporation. While simple and inexpensive, it comes with the same risk as being a sole proprietorship or general partnership.
Advantages Of Forming A Dba
Your business name is how customers find and recognize you, so a unique DBA name can have a positive impact for your company
Increased Credibility
A well-chosen name can enhance the credibility of a business, especially for sole proprietors and general partnerships.
Open Financial Accounts
Many banks require sole proprietorships and general partnerships to take on a DBA before opening an account.
Branding Purposes
There are numerous ways that a DBA can assist a company’s branding efforts such as expanding and growing your business.
Multiple Names
A DBA allows companies to effectively run multiple branding campaigns, or even separate businesses.
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What Is Doing Business As
When a business operates using a name that is different from the owners name or from the legal name of the partnership, LLC, or corporation, it is said to be doing business as, or DBA, another name. A DBA is a pseudonym, though some states refer to the paperwork required as a fictitious name filing. To operate under a different name, companies need to submit an application indicating the name to be used and verify that another business is not already using the name.
In North America, the common designation for doing business as is DBA or d/b/a. In other countries, trading as is more common, with t/a the abbreviation.
Not all companies require DBA filings, however.
You Want To Create A Creative Or Memorable Business Name
Operating under a DBA also helps you create a name that is unforgettable. To protect your brand and name, you should check about trademarking your businesss brand or name, thereby registering your sole proprietors services and products. Trademarks are used to safeguard business names, logos, slogans, designs, and symbols all which can be used to identify your businesss offerings.
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Dba For A Sole Proprietorship
If you decide on a DBA for your sole proprietorship, you have some work to do before you start handing out business cards. When you make up a sole proprietorship name you have to register it with local government. That way, anyone who has issues with the company can find out who owns it and who needs to be sued. If you want to open a business bank account, you have to register the name first.
Usually you file the necessary paperwork with your local county government, Royal Legal Solutions says. Laws in some states say you must register with the secretary of state as well. Wherever you register should have a database of previously registered names available. To avoid confusion, you want one that doesn’t sound too much like an established business.
Each state sets its own rules for DBAs. Common rules say that you don’t need a DBA if your last name is incorporated into the business name. Frank Pryor doesn’t need a DBA for Pryor’s Landscaping, for instance, but he would for Frank’s Landscaping. Some names aren’t permitted. Oregon, for instance, doesn’t allow sole proprietorship names to include Inc., which would imply you’re a corporation.
References
Here Are The Three Main Things You Need To Know:
Tax Responsibilities
Because theres no distinction between the owner and the business itself, sole proprietors dont need to file business tax returns they instead simply claim any business profits or losses on their personal tax returns.
Contracts
Sole proprietors are allowed to sign contracts using their personal name, and along those same lines, customers can write checks to the business by using the sole proprietors name.
More Flexible
The other big difference between sole proprietorships and more formal business structures is the fact that sole proprietors are allowed to commingle business and personal assets as much as they want to. With LLCs and corporations, ownership is required to keep their assets separate from those of the company. The downside of this aspect for sole proprietors is that if your business is sued, creditors are free to pursue your personal assets like your house, car, personal bank accounts, etc. For corporations and LLCs, creditors are limited to your business assets.
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Does My State Require A Dba
Almost every state requires that a business file a DBA if it wants to conduct business under a name that is different from their currently registered one. This usually applies to all companies. Even if your local county or state doesn’t require a DBA for a business to operate under a fictitious name, we’d always recommend filing one, as DBAs can provide other benefits. The following states do not require DBAs to operate under a fictitious name.
| State |
|---|
| Businesses aren’t required to file a DBA in order to operate under a different name. |
Do You Need A Dba For Sole Proprietorship
Related
Taylor Swift and Scarlett Johansson are their own brand names, but not everyone’s that successful. You can use your personal name for your sole proprietorship name, but that may not sound professional enough for your business. In that case, you’ll need to pick a company name and file some “doing business as” paperwork.
Tip
It’s legal to operate a sole proprietorship under your own name. Whether that’s preferable to using a “doing business as” company name is a personal decision.
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What Happens After You File A Dba
Once you’ve chosen your business’s fictitious name and registered it locally, you might want to consider filing for a trademark with the U.S. Patent and Trademark Office to protect your intellectual property. Trademarks protect words, names, symbols, sounds or colors that distinguish your goods and services.
If the paperwork and filing process seems overwhelming, you can contract a business lawyer to complete all the necessary filings to secure your DBA name. Reputable business lawyers are listed by the American Bar Association.
What Are The Advantages Of Having A Dba
A DBA can accomplish several things for a business owner.
“If a business wishes to rebrand itself without forming a new limited liability company or corporation, they can simply register a DBA instead,” Babbitt said. “If the business receives bad publicity, they may register a DBA to mislead the public into thinking the business is different.”
There are also some less obvious reasons to register more than one DBA. For example, there’s a scene in Parks and Recreation where Tom and Ben are looking for a tent for an event. The deal falls through with one tent company, so they call another one, only to find that it’s owned by the same person. In fact, that same person owns all the tent rental companies in a certain mile radius. Babbitt says that this actually happens.
“Some businesses will create multiple DBAs to create the illusion of competition,” he said. “For instance, four taxis could all have separate DBAs even though they are all owned by the same person.”
A DBA also comes in handy for entrepreneurs who want to make a distinction among their numerous businesses.
Finally, if you are a sole proprietor, it gives you the chance to build a brand under a name of your choosing instead of using your personal name. This helps you market better to your audiences and gets your brand out there in a way that is beneficial to your business.
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Do I Need To Open A Business Bank Account
The short answer is: More than likely, yes. You might be wondering, Why do I need to open a business bank account? The IRS recommends keeping separate business and personal accounts for easier recordkeeping.
Some businesses are legally required to open a separate business bank account. And even if you dont legally need to separate funds, you may want to.
Why Is It Important To Create A Business Plan
It defines a new business, supports a loan application , raises equity funding, pin-points business strategy, tracks responsibility performance and manages money goals for sales, costs, expenses and cash.
Researching your industry, future customers, and competitors , can only help when running your business. A business plan is a plan of action, giving investors confidence that everything has been thought through. A business plan should be a crystal clear plan, mapping future profitability and sustainability.
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Confused About Doing Business As Were Breaking It Down So You Can Determine If Your Small Business Needs To File One
A company uses a doing business as when the name it operates under is different from its legal, registered name.
In life and business, things are not always as they seem. And thats okay. Some people change their names for personal or professional reasons. A middle name, an abbreviated name, or a nickname might feel more natural and fitting. Theres nothing wrong with having a name that everyone knows, and a name that belongs on a birth certificate and passport.
Your Name Defines Your Brand
Your brand name is the public’s first impression of your business. Ideally, your business’s name should reflect your product or service, and give people a reason to become paying customers. If sole proprietor Laura Smith kept her businesss name as just Laura Smith, who would know what she offered until they walked into her shop? And why would they feel compelled to walk into that shop at all?
Choosing the perfect name for your business before youve even opened your doors can be hard, though. When your business is in its infancy, who knows where youll be in five years? If youre struggling to come up with an awesome name to file as a DBA, try a business name generator for a little inspiration.
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How Long Does A Dba Last In Texas
How long does a Texas DBA last? The maximum length of time a Texas assumed name certificate will be effective for is 10 years from the date of filing. You can renew the certificate/DBA for additional 10 year periods by filing a new assumed name certificate no more than 6 months prior to the expiration date.
What Dba Means For Businesses: Does Your Company Need It
A DBA simply stands for “doing business as,” and you’ll file a DBA when you want to conduct business under a name of your choosing. DBAs provide flexibility for both sole proprietors and larger corporations. Without a legal background, it’s tough to navigate filings and regulations, so we’ve compiled a guide that breaks down what you should know about DBAs, giving you more time to grow your business.
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Are Sole Proprietors Taxed Twice
This means that the money shareholders receive as cash dividends is subject to income taxes twice: once when the corporations pay taxes on profits and once when shareholders pay taxes on dividends. Sole proprietorships are not considered tax entities separate from their owners, so owners do not face double taxation.
Apply For An Employer Identification Number
Apply for an employer identification number with the Internal Revenue Service. This is a requirement if you want to open a bank account under your DBA or hire employees. Complete online on the IRS website.
Owning your own business doesn’t mean you have to go at it alone. An online legal service provider or business attorney can help you through the DBA, permitting, and tax filing processes.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
File a DBA for your business online.
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