Starting a company

How To File A DBA In Georgia

Key takeaways

  • Learn how to select a distinctive and memorable name for your business that expresses your brand and is not currently used by another Georgia-registered firm.
  • Learn about the legal procedures for registering a DBA in Georgia, including filling out the relevant documents and paying any associated costs.
  • Investigate the county where you intend to do business since some may have particular requirements or additional documents that must be submitted.
  • Understand that obtaining a DBA does not protect your company's name or brand legally, and you should consider registering a trademark for further protection.
  • Remember that registering a DBA does not create a separate legal entity, and you will remain personally accountable for any debts or legal troubles arising from your firm.
  • Understand how to renew your DBA registration every five years to keep it valid and your business name protected.

If you're beginning a business in Georgia, one of the first things you must do is come up with a name. But what if another state-registered company already uses the name you choose? This is where registering a DBA comes in. A DBA, or Doing Business As, permits you to use a name other than your legal name or the name of your registered corporation for your business. It's a straightforward procedure that may let you build a distinct brand identity and operate under a different name without the burden of forming a new legal corporation. In this article, we'll review everything you need to know about filing a DBA in Georgia.

What is DBA?

DBA is an abbreviation for "Doing Business As." It is a legal word that refers to a name utilized by a business that is distinct from the legal name of the firm or the name of the registered organization. In certain areas, a DBA is sometimes called a "trade name" or a "fictitious business name."

A DBA permits a company to perform its activities under a name other than its legal name or the name of its registered organization. This might be useful if a company wishes to establish a distinct brand identity or choose a more memorable or relevant name for its target market. However, it is crucial to remember that registering a DBA does not constitute a separate legal organization and does not give legal protection for the company's name or brand.

Why do you need a DBA?

  • A DBA (Doing Business As) is required for various reasons. Here are a few examples of popular reasons:
  • To do business under a different name: A company can submit a DBA if it wants to use a name distinct from its legal name or the name of its registered organization. This is advantageous if the company wants to establish a distinctive brand identity or choose a more relevant or memorable name for its target market.
  • To meet legal requirements: In several jurisdictions, businesses must submit a DBA if they want to utilize a name other than their legal name or the name of their registered corporation. 
  • To create a business bank account: When starting a business bank account, banks frequently demand firms present a DBA. This is because the bank has to confirm that the company is legal and that the individual creating the account has the necessary permission.
  • To create a business presence in several locations: If a company wants to operate in more than one place, it may need to file a DBA for each site. This might assist the company in establishing a local presence and making it simpler to advertise its services in various places.

Registering a DBA allows a firm to function under a name other than its legal name or the name of its registered corporation. It may also assist the company in meeting regulatory obligations and developing a distinct brand identity.

How to set up a DBA in Georgia?

You may set up a DBA (Doing Business As) in Georgia by following these steps:

  • Choose a different name: Your DBA must be another name not currently used by another Georgia-registered business. You may discover whether a name is available by browsing the Georgia Secretary of State's website or calling the Corporations Division.
  • Fill out the essential paperwork: Complete the necessary forms to file a DBA in Georgia. The paperwork differs depending on the county in which you intend to conduct business. The relevant forms can be obtained from the county clerk's office or online.
  • Publish a notice: In some Georgia counties, you must publish a notice of your DBA in a local newspaper. The notification must be published once a week for two weeks. You must provide proof of publication to the county clerk's office.
  • Renewal of your DBA: DBAs in Georgia must be renewed every five years. You must complete a renewal application and pay the corresponding price to keep your DBA current.

In general, establishing a DBA in Georgia entails selecting a distinctive name, completing the required documents, paying the costs, issuing a notice (in some counties), and renewing your DBA every five years. You must take all of the required measures to guarantee that your DBA is properly registered and recognized by the state of Georgia.

Georgia DBA name restrictions

There are various requirements to be aware of while picking a DBA (Doing Business As) name in Georgia. Here are some of the primary restrictions:

  • Similarity to existing names: Your DBA cannot be too close to the name of an existing firm in Georgia. This is done to minimize misunderstanding and to guarantee that your DBA is distinct. You can verify the availability of a name by browsing the Georgia Secretary of State's website or contacting the Corporations Division.
  • Under Georgia law, specific terms or phrases are forbidden from being included in your DBA. For example, you cannot use a DBA that indicates your company is a government organization or that is insulting or deceptive.
  • Specific identifiers cannot be used in your DBA because they are reserved for other businesses. You cannot, for example, use a DBA that contains the terms "LLC" or "corporation" unless your company is organized as an LLC or corporation.
  • Use of a personal name: If you wish to utilize your name as part of your DBA, you may need to supply more information to differentiate your firm from others with similar names. You may, for example, include your complete name or a descriptive word related to your business.

Forms needed to file a DBA in Georgia

You must complete all the necessary paperwork to file a DBA (Doing Business As) in Georgia. The forms needed may differ depending on the county where you intend to conduct business. The following are some forms you may require:

  • Application for Trade Name Registration: Use this form to register your DBA with the Georgia Secretary of State. You must enter your company's name, address, and other contact information.
  • Assumed Name Certificate: Use this form to register your DBA with the county where you intend to do business. You must enter your company's name, address, and other contact information.
  • Application for a firm License: Depending on the type of your firm, you may be required to apply for a company license from your local government. This application may necessitate further information about your company and its activities.

It is essential to verify with the county where you intend to do business to see which paperwork is necessary and to ensure they are completed correctly and carefully. You should also be required to pay a charge to file your DBA and any other papers.

Georgia DBA filing & registration

To file and register a DBA (Doing Business As) in Georgia, you must select a unique name, fill out the proper paperwork, pay the costs, issue a notice (in some counties), and register with the Georgia Secretary of State (if required). The Application for Registration of a Trade Name and the Assumed Name Certificate are common. Every five years, DBAs must be renewed. You must take all of the required measures to guarantee that your DBA is appropriately registered and recognized by the state of Georgia.

Georgia DBA tax considerations

There are various tax concerns to bear while operating a business under a DBA (Doing Business As) in Georgia. Consider the following crucial points:

  • Business taxes: Depending on your business structure, you may be required to pay state and federal business taxes. Income tax, sales tax, and employment taxes are all included.
  • Personal taxes: If you run your company as a sole proprietorship or partnership, you must record your business revenue on your income tax return.
  • Sales tax: If you sell products or services in Georgia, you may be required by the state to collect and remit sales tax. The Georgia Department of Revenue allows you to apply online for a sales tax permit.
  • Local taxes: Additional local taxes, such as property and business license taxes, may apply depending on the county and city where you conduct business.
  • Anticipated taxes: If you expect owing $1,000 or more in taxes this year, you may be required to make quarterly anticipated tax payments to the IRS and the Georgia Department of Revenue.

When running an operation under a DBA in Georgia, it is critical to speak with a tax specialist to verify that you comply with all applicable tax rules and regulations.

How much does a DBA filing cost in Georgia?

The cost of registering a DBA (Doing Business As) in Georgia varies based on the county where you intend to do business. The charge often varies from $25 to $100. Additional fees may apply for posting your DBA notice in a local newspaper, registering with the Georgia Secretary of State, and renewing your DBA every five years. Specific fee information should be obtained from your county clerk's office or the Georgia Secretary of State.

Conclusion

To summarize, obtaining a DBA in Georgia is required for firms that wish to operate under a name other than their legal name. While the procedure varies based on the county in which you intend to conduct business, the main procedures involve the following:

  • Selecting a different name.
  • Completing the relevant papers.
  • Paying the costs.
  • Registering with the Georgia Secretary of State if necessary.

When filing, remember the tax ramifications and limits on DBA names. Businesses may guarantee that their DBA is appropriately registered and recognized by the state of Georgia by completing the appropriate requirements and consulting with specialists as needed.

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Note: Our content is for general information purposes only. Levy does not provide legal, accounting, or certified expert advice. Consult a lawyer, CPA, or other professional for such services.

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