How to obtain a dba in texas?

Question

Perez Kumar · Answer

The acronym DBA stands for Doing Business As. Your DBA is the name you will conduct your business under. A DBA is most often used if you would like to do business under a name that is different from your legal name. In Texas, a DBA is commonly referred to as an assumed name and the filing is referred to as an Assumed Name Certificate.

In Texas, a DBA is an official filing you will register for with the local, county and/or state government of Texas, depending on your business structure. Remember, your DBA will indicate the name your company, or you personally, are doing business as in Texas.

You can file a Texas DBA regardless of the type of business entity you have registered as, whether your business is operating as an LLC, corporation or even a sole proprietorship. However, a Texas DBA alone will not protect your personal assets or provide you with liability coverage.

It is simple to register for your Texas DBA on the state’s online business services website, SOSDirect. You will have to log into the system to fill out your form electronically.

The SOSDirect site is a bit clunky to use and will require you to enter payment information upfront. In addition, the website automatically signs you out after 15 minutes of inactivity. If you are not comfortable with a computer, using a system like SOSDirect can be frustrating. You can also complete a paper filing for a DBA in Texas.

Secretary of StateP.O. Box 13697Austin, TX 78711-3697

James Earl Rudder Office Building1019 Brazos St.Austin, TX 78701

Payment can be made in person using a personal check, money order, LegalEase debit card or credit card.

Whether or not you file your Assumed Name Certificate online or on paper, you will need the following information to fill it out correctly:

If you choose to do business as a sole proprietor, you will need to file your Texas DBA at the county level in addition to the state level. Remember, filing for a DBA will not protect you personally from liability. It will only allow you to do business under a name that is different from your legal name.

Before you decide on your DBA, you will want to search to see if an entity name is available in the state of Texas. This can be done through the Texas Comptroller’s Name Database, but keep in mind there is a $1 fee for each search conducted. If you would like to do further research, check with the United States Patent and Trademark Office. You can also use Incfile’s free Business Name Search database.

You want to make sure you are not choosing a name that is already in use by a company that does business in an industry similar to yours or in your state. If you choose a name that is already in use and trademarked, you risk being accused of trademark infringement. It is your responsibility to search assumed name records in the county where you do business to make sure no other business has the same name.

As a sole proprietor, you will be required to register your DBA at the county level in Texas. Find your county clerk through the Texas Secretary of State’s complete listing and pay them a visit to find the correct forms you will need to file. You will need to do this for every Texas county where you plan to do business.

If your business is an LLC, LLP or a corporation, and if you regularly conduct business under a name other than your legal name, then you must file a DBA with the Secretary of State in Texas. You will need a DBA if you use a different name on your sign, website or in your logo than your LLC name. If you are an LLC, LLP or corp, you are not required to file a DBA with a county clerk.

LLCs, LLPs and corporations will first need to make sure that the name they are filing for is not in use in the state of Texas and that it meets certain requirements. First, conduct an online business entity search through the Texas Comptroller’s Name Database and pay $1 per search or use Incfile's Business Name Search Tool.

Next, you will want to make sure you follow a few rules when creating your DBA:

Filing and doing business under a DBA/assumed name is not the same as incorporating or forming a business like an LLC. Filing an assumed name certificate/DBA simply establishes a link between the DBA/assumed name and the person (sole proprietorship) or business entity (LLC or Inc) that uses the DBA/assumed name.

An assumed name, or DBA, is good for up to 10 years in Texas. If you plan on being in business under this name for a long time, then make sure to choose the 10-year option on your form so that you don’t have to worry about filing again for a decade.

When you file your assumed name certificate in Texas, you will state the duration of the filing on the form. This can be no more than 10 years. Assuming you choose the maximum term, you’ll need to file a new assumed name certificate every 10 years.

You can also renew your Texas DBA by filing Form 505 - General Information (Application for Renewal of Registration of an Entity Name). The renewal will cost $40 and is payable by check, money order or LegalEase® (a deposit account system administered by Frost Bank). You can also pay online using a debit card or a major credit card. Credit card payments are subject to a 2.7 percent processing fee.

Unfortunately, you cannot revise an existing DBA in the state of Texas. You would need to withdraw your DBA and fill out a new Assumed Name Certificate form for your new DBA.

For those who want to get rid of an existing DBA, use Form 504, Abandonment of Assumed Name Certificate. There is a $10 filing fee for this form. For sole proprietors and other businesses with DBAs/Assumed Names through the county, you will need to send the form to the county clerk, and it may need to be notarized with original signatures. Talk with your county clerk’s office for specific instructions.

Once you have our Texas DBA, you’re ready to put your name out there. Here are your next three steps:

It’s understandable to still have questions about how to file for a Texas DBA. Some of the frequently asked questions regarding a Texas DBA include:

A DBA is the same thing as an assumed name. In Texas, these terms are used interchangeably, but the official name with the Texas state government is assumed name.

The filing fee for an assumed name certificate with the secretary of state of Texas is $25. You may pay this fee by personal check, money order or a LegalEase debit card. You may also pay online using a credit card but may be subject to a 2.7 percent fee for paying with credit card. The fee for registering for a DBA or Assumed Name Certificate with the county clerk’s office will range between $15 and $25.

A Texas DBA is not a business structure. Therefore, a Texas DBA does not afford any tax considerations. In other words, having a DBA in Texas will not change how your business is taxed. However, setting up your business entity may protect you and offer tax benefits.

Your DBA is not a separate business entity. Therefore, you do not need a separate EIN for your DBA.

You can use your DBA in other states, but you will probably need to register your DBA in those states — and possibly counties — too. Check with each state where you are doing business to find out details about how to register your DBA there. There are some states with no filing requirements for a DBA.

Filing for a DBA is an important step for any new business looking to make sure they are following their state and local regulations. The process comes with a lot of boxes to check, especially when you do business in multiple states. Let Incfile help. Our DBA service can make the process simple and give you the time to focus on growing your business.

Aruna Chhabria · Answer

First, what exactly is a DBA? The acronym, which stands for doing-business-as, effectively means that you’re operating under a name that’s separate from your existing legal identity. That could be your birth name or the pre-existing name of a business entity you happen to own. A “DBA,” is sometimes referred to asr a trade name, fictitious name or assumed name. The government body with which you register your fictitious name will depend on the type of business you own. A sole proprietorship or general partnership should expect to submit their documents to the County Clerk. At the same time, limited liability companies (LLCs) or corporations are registered with the Texas Secretary of State. Before you file your DBA documents, keep in mind what a DBA can and can’t do. DBAs allow you to do the following: • Let you operate a business using a pseudonym. • Aid in letting you open bank accounts using the DBA name. • Keep you in compliance with state laws that require you to file a DBA if you’re using a business name other than your legal name. A DBA is an excellent start to setting up your Texas business. However, be aware of a few key things you cannot do with a fictitious business name in the Lone Star State. • Using your real name: Texas does not allow you to register your real birth name as a DBA. • Mislabeling your DBA as an LLC or corporation: DBAs are basically a brand identity. If you opt for a DBA, you cannot add “limited liability company” or “corporation” to the name. You must register your business as an LLC or corporation to afford those benefits. • Anonymity: Some might mistakenly seek out a DBA to protect their private identity. It’s true that a fictitious name provides an alias for your business, these documents are a matter of public record. Therefore, do not create a DBA under the impression that you can hide that you are the owner and operator of the company in question. As you’re preparing to file your DBA paperwork, it’s helpful to have an idea of costs so that you can budget accordingly. Thankfully, filing a DBA won’t cost you an arm and a leg. You should always contact your county clerk to get the most up-to-date information, but at the time of publishing you can expect to pay $25 for an Assumed Name Certificate. Depending on your line of business, there may be other licenses and permits necessary to operate your business legally in the state of Texas. The federal government also requires these for certain businesses. Visit the U.S. Small Business Administration (SBA) website for details on what industries are regulated and current fees. First, establish that the name you want to use is available by visiting the state’s taxable entity search engine. Choosing a unique name helps you brand your business and avoid issues with other businesses that have similar names. Be sure to check where and how to file your DBA forms based on the type of business entity you either own or of which you are a member. Prior to submission, make as many copies as necessary. For instance, the Secretary of State requires at least two completed copies of your Assumed Name Certificate. Hand in the documents directly by visiting the James Earl Rudder Office Building in Austin. Alternately, mail your forms to the following address: Secretary of State
P.O. Box 13697
Austin, Texas 78711-3697 If you choose to send a fax to 512-463-5709, remember to include the payment form. Always double-check that you’re using the latest forms and paying the correct fees. These items are subject to change over time. Once your DBA is approved, you’re good to go. However, you should be aware that Texas doesn’t allow you to own a fictitious name indefinitely. On the form, you must give a specific period of years during which you expect your DBA ownership to be active. The absolute limit is ten years. Texas law requires you to file a new assumed name certificate for your “doing business as” within six months of the original certificate’s expiration. Otherwise, you will lose your trade name. Laws, forms, and associated fees change periodically. As of this article, the cost to renew a DBA is $40, though prices are subject to change.

Mehmet Marcks · Answer

This is often called filing for a DBA, or "doing business as."

In Texas, all corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), or out of state companies that regularly conduct business in Texas under a name other than its legal name, must file a DBA with the Secretary of State.

The trade name must be filed with the county clerk office in the county where the company operates.

Sole proprietorships and general partnerships need not file at the state level, but will need to file for a DBA in the relevant county clerk offices if they are using a name other than the legal name of their owners.

Filing for a DBA begins with searching to see if a entity name is available.

This can be done using the Texas corporate name database.

Entities should also be mindful of avoiding names that are deceptive, fraudulent, already taken by others, and which could give rise to legal liability via any number of state or federal statutes.

Corporations, LLCs, LLPs, and foreign corporate entities will need to use a state filing form.

Assumed name forms for sole proprietorships and general partnerships can be found at the various county clerk office websites.

Corporate, LLC, LLP and foreign entity filers will need to provide:

Turan zezyfrl Naama · Answer