- Learn how to pick a DBA name not currently used by another company.
- Learn about the criteria for filing a DBA in Indiana, such as filling out the proper paperwork and paying the requisite cost.
- Understand the purpose of a DBA, which allows a company to trade under a name different from its legal one.
- Collect the information needed for the DBA form, such as the business address and contact information.
- Submit the completed DBA form to the Indiana Secretary of State's office and await approval.
- Once the DBA is approved, use the new name in all business transactions and advertising.
If you own a business in Indiana and want to select a name other than your official business name, you may need to obtain a "Doing Business As" (DBA) registration. When conducting business transactions, a DBA allows you to use a trading or "fictitious" name that differs from your legal business name. Filling out the relevant form and paying the needed money to the Indiana Secretary of State's office constitutes filing a DBA in Indiana. During this process, you will need to select a name not already used by another company, gather the necessary information for the registration form, and wait for approval before using the new name in business transactions. This guide will provide some crucial points for filing a DBA in Indiana.
What is DBA?
DBA is an abbreviation for "Doing Business As." It is a registration that permits a company to perform business under a name different from its legal name. A DBA may also be referred to as a "trade name," a "assumed name," or a "fictitious name." Businesses that wish to utilize a different name for branding or marketing purposes frequently employ it. For example, a lone owner named John Smith, who owns a landscaping company, may establish a DBA under "Green Thumb Landscaping." John may promote and do business under the Green Thumb moniker by selecting a DBA without changing his company's legal name. The regulations for registering a DBA in the United States vary by state and location.
Why do you need a DBA?
There are various reasons why a company may require a DBA:
- Operating under a different name: A DBA permits a company to conduct business under a name other than its legal name. This may be useful for branding and marketing and building a distinct identity for a particular business or service line.
- Legal requirements: Some states or municipalities require firms to register a DBA if they are doing business activities under a name other than their legal name. Failure to register a DBA on time may result in fines or other consequences.
- Banking and financial transactions: A DBA may be required by banks and other financial institutions to open a business account or accept cheques made out to the firm's trade name.
- Contractual requirements: A DBA may be necessary for some contracts or agreements, such as commercial space rental agreements.
- Compliance with advertising laws: Unless a DBA has been established, firms in several states must use their legal name in all advertising.
How to set up a DBA in Indiana?
- Select a name: Choose a name not currently used by another Indiana firm. You may find out if a name is available by checking the Indiana Secretary of State's online database.
- Register your name: Fill out the "Assumed Business Name Registration" form and submit it to the Indiana Secretary of State's office. You may submit the form either online or via mail.
- Provide the following information: The registration form will request information such as your company's address, contact information, and the name and address of the owner(s).
- Pay the price: In Indiana, there is a charge to register a DBA. The cost can be paid online or by mail utilizing a cheque or money order payable to the Indiana Secretary of State.
- Wait for approval: The Indiana Secretary of State's office will consider your application once you submit the registration form and pay. If approved, you will receive a registration certificate in the mail.
- Use your new name: After receiving your registration certificate, you may use your new trade name in business transactions and advertising.
It should be noted that DBA regulations and costs vary by state and area. It's a good idea to check with the Indiana Secretary of State's office or an attorney to be sure you're following all of the stages and regulations for registering a DBA in Indiana.
Indiana DBA name restrictions
There are several requirements to be aware of while picking a name for your DBA in Indiana:
- The name must be distinguishable: Your DBA name must be distinct from existing business names registered in Indiana. You may find out if a name is available by checking the Indiana Secretary of State's online database.
- The name must not be deceitful: Your DBA name must not be false or misleading. It should appropriately reflect your company's nature and its products or services.
- Certain words must not appear in the name: Your DBA name cannot contain prohibited or special-approval terms such as "bank," "trust," "insurance," "attorney," "doctor," or "university."
- The name must not violate trademark or copyright laws: Your DBA name must not infringe on another business's or individual's trademark or copyright.
- The name must be decency-compliant: Your DBA name must be decency-compliant and avoid offensive or inappropriate wording.
It's crucial to understand that these limits only apply to your DBA name, not your company's legal name. You should check with an attorney to confirm that your selected DBA name complies with all applicable laws and restrictions.
Forms needed to file a DBA in Indiana
Fill out the "Assumed Business Name Registration" form to file a DBA in Indiana. This form is accessible on the Indiana Secretary of State's website and can be submitted online or by mail. Depending on the nature of your firm, you may need to complete other paperwork besides the registration form. As an example:
- You do not need to file additional papers as a sole proprietorship.
- You might be required to file a "Certificate of Partnership Authority" with the Indiana Secretary of State if you operate as a partnership.
- Before registering your DBA, you must have submitted your articles of incorporation or organization with the Indiana Secretary of State if you are a corporation or a limited liability business (LLC).
- It's crucial to remember that the particular paperwork needed for your company will vary depending on its legal structure and other considerations. Consult with an attorney or accountant to confirm that you have all relevant paperwork and have completed all needed filings with the Indiana Secretary of State.
Indiana DBA filing & registration
To submit and register a DBA in Indiana, you must complete the "Assumed Business Name Registration" form, which may be filed with the Indiana Secretary of State online or by mail. The form asks for information such as your DBA name, legal name and address, business address, and the names and addresses of any owners or partners. A filing fee will also be required. Additional forms may be required depending on your business structure. It is critical to ensure that the information given is correct and current. Registering a DBA in Indiana allows you to conduct business under a different name while keeping your company's legal structure.
Indiana DBA tax considerations
There are various tax concerns to bear in mind while operating a business under a DBA in Indiana:
- Business Taxes: Depending on your company's structure, you may be obliged to pay state and federal taxes like income tax, sales tax, and employment tax. Ensure you are informed of your tax requirements and file your taxes on time.
- Sales Tax: If you sell products or services in Indiana, you may be obliged by the state to collect and remit sales tax. The Indiana Department of Revenue can help you apply for a sales tax permit.
- Federal Employer Identification Number (EIN): If you employ people or run a business as a partnership or corporation, you must acquire an EIN from the IRS. This number is required for tax purposes and is available online.
- Estimated Taxes: If you are self-employed or run a partnership or company, you may need to make estimated tax payments throughout the year to avoid fines for underpayment.
- Business Deductions: If you operate a business, you may be eligible for tax breaks such as deductions for business costs and home office expenses.
Working with a tax expert or accountant is critical to ensure that you're meeting all of your tax responsibilities and taking advantage of any possible tax breaks.
How much does a DBA filing cost in Indiana?
The cost of registering a business name in Indiana varies based on where you file and whether you file online or by mail. The filing cost for an Assumed Business Name Registration in Indiana is $20 if done online and $30 if filed by mail as of May 2023. However, there may be additional fees if you need to file other forms or need expedited processing. To confirm that you have all essential paperwork and have paid all required fees, check with the Indiana Secretary of State or contact an attorney or accountant.
Registering a DBA in Indiana allows a business owner to operate under a different name while keeping the legal status of their company. In Indiana, you must complete the "Assumed Business Name Registration" form and pay a filing fee to file and register a DBA. Additional documents may be required depending on your business structure. It is critical to ensure that the information given is correct and current. It's also vital to be aware of tax concerns such as business taxes, sales tax, and deductions while conducting business under a DBA in Indiana and to speak with a tax specialist or accountant to ensure compliance with all applicable tax regulations.
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