Registering a Dallas County DBA in Four Steps
In Dallas County, registering a DBA involves filing a certificate of assumed name with the county for unincorporated businesses such as sole proprietorships and general partnerships. Business entities such as corporations and limited liability companies (LLCS) must register with the Secretary of State.
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What Is a DBA?
In Dallas, a business can have a name that is not the name of the company or the person running the business. This is often called a DBA (Doing Business As). A DBA can also be called an assumed name, a fictitious name, or trade name.
A DBA is not a legal entity. It is another name you use to conduct business through an existing legal entity you have formed.
The underlying legal entity handles the DBA’s business actions. This includes business taxes, business permits and licenses, and insurance. You use the underlying legal entity’s tax identification numbers from the Internal Revenue Service (IRS) to open a bank account in the DBA name.
DBAs got their start as a form of consumer protection. This was so corporations that tried to scam consumers couldn’t hide behind fictitious business names. The companies had to reveal (and be liable for) their actions regardless of what name they used.
Should I File a DBA in Dallas County?
Yes, if you want to use a DBA or assumed name for your sole proprietorship or general partnership you must register with the county if your principal place of business is in Dallas county.
Corporations, limited liability companies (LLCs), and limited liability partnerships (LLPs) must register with the state.
Registering a DBA in Dallas is relatively simple, but the process varies depending on several factors. Here is a guide to registering a Dallas DBA.
Advantages of a DBA in Dallas County
You can use a DBA to advertise, prove the business exists, open a business bank account, and accept credit cards as a merchant, among other advantages. Use it to simplify a corporate name, introduce a new product line, or not use a person’s legal name.
The most common use of a DBA is in a sole proprietorship or a partnership where the business name differs from the full legal name of the person who operates the business. This is true even if the name is a part of the business — for example,”Bob’s Greenhouse.”
A Dallas legal entity can have an unlimited number of DBAs. At the same time, you can register your full legal name as your business name if you want. Any questions about this should go to the Dallas County’s office.
Disadvantages of a DBA in Dallas County
A disadvantage of a DBA is that it is not a type of business structure that protects the business owner like an LLC. You will decide whether to use a fictitious name instead of the business’s legal name. There are some situations where a DBA is virtually required.
Four Steps To Get a DBA in Dallas County
Create Your Unique Business Name
After you have decided on a DBA name, and before you register that name as a Dallas DBA, take the necessary steps to make that name legally yours.
First, search for business names already in use in Dallas County. Ensure that another business does not use the assumed name you want to use. Next, do the same thing on the Texas Secretary of State website. If the assumed business name is not unique, Texas law can’t protect it.
There are certain words or designations that you can’t use in a Texas DBA:
- You can’t use a DBA name that is misleading about the nature of the business.
- You can’t use a name connected to a banking or insurance business unless the business has that professional license in the state.
- You can’t use a professional name (doctor, attorney at law) unless you have a license as one in the state.
- You can’t say that the DBA is a corporation unless one of the entities named in the application for registration is a corporation.
That’s not where your journey ends in choosing your business name.
- Make sure that no one else is using the name online
- Check to see if the internet domain name is available. Then, follow the steps to own that domain name.
- If you expect to work in other states, you can trademark your DBA (or register your service mark if your DBA is for services) with the United States Patent and Trademark Office (USPTO). This process takes time and money.
- Once you get your federal trademark, register that trademark or service mark in Texas.
- You can also register a trademark/service mark with the state without filing for a federal trademark. But you only have trademark protection in Texas. Anyone with the trademark nationally can ask you to stop using your DBA.
Once you have picked out a DBA business name, register that fictitious name with the state or county, as shown below.
File Your Dallas DBA Paperwork
The paperwork for your DBA can depend on your business name and the type of business.
You must register your assumed name (DBA) in Dallas County if the underlying business is an unincorporated business of any kind and the headquarters is in Dallas County, including:
- Sole proprietorship
- General partnership
- Joint venture
- Estate
- Real estate investment trust (REIT)
You must file an Unincorporated Assumed Name with Dallas County.
All other assumed names get registered or reserved with the Secretary of State. The names do not need a filing in Dallas County. These include:
- Limited liability companies (LLCs), including professional LLCs
- Corporations, whether for-profit or nonprofit and all other incorporated entities
- Professional associations
- Limited liability partnerships
- Foreign filing entities
Register as a Dallas or Texas DBA
Here is what you need to know to file an assumed name certificate the Dallas County Clerk‘s Office:
- Register online. This is the fastest way to get your DBA registered or reserved.
- Download the form from the sites above, fill it out, and mail the completed form. If you send it to Dallas County, use the address: 500 Elm Street, STE. 2100, Dallas, Texas 75202. Make sure you include the $24 processing fee with your application.
- Or you can take the form to the clerk’s office in person. Make sure you bring your $24 DBA fee.
The registration or reservation forms are detail-intensive for the state or the county, so have all your business information available before you start. They will ask you, among other things, for:
- The proposed assumed business name of the DBA
- Principal business address of the DBA
- Names, addresses, and email addresses of those with an interest in the business (owners)
- Names and addresses of legal entities with an interest in the business
- Purpose of the business
- Contact information
- Texas Certificate of Ownership of the underlying business. If you need a copy of this, you can get it from the Texas Secretary of State.
- Signatures of the principals (owner members). A notary or a deputy county clerk must witness the signatures.
- Filing fee. The Dallas County filing fee is $24.
Once the county approves the registration or reservation, the DBA remains valid for 10 years from the approval date. You can renew it every 10 years with no limits or lapses.
If the DBA is no longer functioning at any time, it can get withdrawn.
After You Register: DBAs and Tax Identification
A sole proprietorship DBA can use the owner’s Social Security number for taxes. In some cases, a partnership can do the same. They do not have to get a Federal Employee Identification Number (EIN). Your accountant will be able to guide you through this.
The DBA is not a separate business entity. That means the DBA does not file taxes and does not have to get its own tax identification numbers — federal or state. The underlying corporation pays the DBA’s income and employment taxes.
But you must get one if your underlying business does not have an EIN. The underlying corporation will also need to file with the Comptroller of the State of Texas if it will generate sales or use taxes from the DBA and for employment taxation. You must also register with the state and unemployment insurance if you have employees.
And again, you must renew your status every 10 years.
Get Help Registering Your Dallas County DBA
Want to take the guesswork out of forming your DBA? Talk to a business attorney in Dallas County, just as you would when creating a new business. Or you can let our trusted partner LegalZoom handle your name search, DBA application filing and publishing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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