This was super helpful!! I have a brand new LLC and was going to get a DBA because everyone was telling me to, glad I didn’t pay before I watched this video. Thank you!
Seems like the DBA concept was for commerce that occurred pre internet as well. Publishing got the boot with the Gutenberg press. Hopefully digital assets, smart contracts, and global ID's can refine regulations to help lower the barriers of entry.
I agree that the publishing requirements of DBAs are antiquated and don't really help anyone find a business (no one reads legal newspapers). Would make more sense to just have a database that anyone can search for no cost.
First time watching one of your videos, super informative! I have a question though, I'm about to launch my online store, my LLC is registered in Wyoming and I will operate under a different name, I do understand that I need to file a DBA in order to do so, my question is: since I'll be running an online store that will sell to different people living in different states, do I also need to file a DBA on each state? Thanks for the time you put on making these videos!
Generally you'd need to register as a business (which may include dba) in a state when you have nexus with a state, which can be some physical ties (inventory, warehouse, employees, selling in-person) or economic nexus, which is typically large amounts of sales (like $25K/year or even $250K/year -- depends on the state)
This video was very helpful and informative Thank you! - Question: (I'm wanting to start a new business) - Should I open a business bank account first, or wait for the FBN and EIN to be completed first? would it make sense for me to get a business bank account right now, or should I wait? thank you! :D
Glad you found it helpful! Best to get the EIN before the bank account, so you can use the EIN for it. (You'll also have to give them your SSN since it is a sole proprietorship.) You could do the FBN first so that name is on the account, but you can also add the FBN name after the account is open.
Thank you for this video! Great information! I have a question. I am helping my close friend with her business which she has online as a service. She is in Canada and I am personally in California. I was curious how she can make sure to make her business official. We also have a class she is running and was hoping I could email you for an answer on that one because it involves people from many states. Thank you so so much
Hi Heather - yes having business partners in different countries (or even different states) can make things complicated - in some ways, the legal world isn't set up for this well, especially for small businesses. Sometimes can just form an LLC in one place (and have the other be an out-of-state/country office) but sometimes it is better to do a more creative option (like one owner be a subcontractor). I have 15-min Quick Calls (for $100) that might be a good fit to give you some advice about your situation - check it out here: www.elizabethpottsweinstein.com/15-min-quick-call/
This is so incredibly helpful! I’m starting an Etsy shop as a sole proprietor and Etsy requires that you create a store name that gives an idea of what your store is about. However, my name would be on the store as the artist and any issues would go directly to me. Do I need a DBA anyway for the store name?
Hm I'd get a DBA for an etsy shop (even though your name is on the store as the artist) because the brand is the name of the etsy shop. Unless your name is in the shop's name, like Weinstein Paintings etc.
Thank you so much.! Can you run more than one business using the same EIN? Example: A small plumbing company also selling on eBay ? Thank you very much
Yes as long as all the businesses are the same *legal* entity. For example, a sole proprietor can have two DBAs, and both of them would be under the same EIN (where the individual is the legal entity). Similarly, an LLC may also have two DBAs, both under the same EIN (for the LLC, the legal entity).
Great video, very informative! Question: In Monterey County, What are my options to protect my address from the public. In fine print it states that PO Boxes are not allowed. Is there an alternative. I want to set up a business solely online. Thanks
Good question! If you can't use a PO Box, you might be able to use another type of business box (like UPS Store). Sometimes they also don't allow that. Then I'd look into a business virtual office service where they provide a real address (and sometimes other services, like someone answering the phone, use of a conference room, etc.).
ANOTHER GREAT VIDEO!! I have a question. I want to make a business account for my LLC and my banks tells me to get a Fictitious Business Name Statement. Do I got to form anything if I'm using my LLC business name for everything?? Thank You Once Again!
If you get a business bank account for an LLC in the name of the LLC, and you are doing business with the LLC's legal name, you would not have a dba. It may be that the bank thinks you are sole proprietorship -- there are different types of bank accounts for LLCs and corporations, versus sole props.
Great video, I always have this question in my mind and you're a helpful person to ask. I am thinking to start 3 businesses, a graphic design/ freelance design service and two online clothing brands. So how can i set up that legally and how many EIN numbers do i need to get? Thank you in advance.
You only need one EIN for one legal entity. So if you are going to run them as a sole proprietorship, then you'd need one EIN. You would get three DBAs for the three brands.
Your videos are extremely helpful! I am in the process of filing my FBN. I'm physically located in Los Angeles County, my virtual mailbox (street address) is located in Los Angeles County, and my registered agent address is in Sacramento (per your recommendation, I used Northwest Registered Agent). In addition, I have filed my LLC and used my registered agent address as my street address of Principal Office of LLC. I don't want to use my residential address for privacy concerns. Should I use the registered agent address (Sacramento) and publish in Sacramento? Also, going with the dbastore for the filing. Any help you can provide would be much appreciated. TY!
NY divides this into counties and you have to pay for each individual county ( at least that’s my understanding ). So if you’re selling online you just register on the county where the corporation has the address?
I have an LLC and I plan to have it own several DBAs each DBA is linked to an online store with its own branding, my question is, does the IRS requires separate bookkeeping for each DBA or a single book for the LLC that encompasses them will be enough? Assuming each DBA has its own business bank account.
Hello. I am starting a solo esthetician business in California. My business name is going to be: Mind and Heart Esthetics by Eli Ko. Since it has both my legal first and last name, do I need a DBA if that is the business name I am going to use across all platforms (business card, license, etc)?
Since it has your last name, it does not need a DBA. Sometimes though I get one anyway, just in case someone is confused because they think of it as "Mind and Heart Esthetics" (this was especially true for back in the day when people wrote checks)
Thank you Elizabeth for this very informative video! If I'm doing business on third-party platforms (i.e., selling on eBay, Poshmark, etc.) using a different name than my legal name, do I need to file a DBA/FBN?
I'm still confused. I filed my LLC as S.M.W. Retail LLC (smw is my initials to my name) and also got my EIN. It is online sales. Do I need to file the DBA as SMW Retail ? I thought filing my LLC automatically made my business name SMW Retail.
If you use the name SMW Retail then you don't need a DBA -- I do recommend using the "LLC" in the footer of your website, you about page, etc. so people know it is an LLC
Great video, thank you. If I operate a home based bakery with an established LLC but want to sell digital products, marketing, and online coaching services, should I register a DBA for those or file for a new LLC?
You can do it either way. If you have just one LLC with a DBA for the new business, both "sides" of the business are liable to the other. This can be helpful because they can share expenses, but it is a problem if one goes under.
Hey Elizabeth, great video! I’m confused I don’t know if I should create a DBA or LLC. I’m starting my clothing brand but don’t know what to do. I live in RI.
If I register my business for example as Qwerty, LLC with the California Secretary of State would I still have to get a FBN in my county as Qwerty or Qwerty, LLC? I hope I make sense. I feel like you answered this but I am so confused on whether I need to get an FBN or not. I just don’t want to pay the fee for the FBN if I don’t need to.
Hello Elizabeth. I have 2 last names (since i was born in Colombia). would my business had to mention my 2 last names or just the first one would be enough?
Hello Elizabeth, I can't be happier with your video it helped me a great deal, thank you very much! Have two questions, first, I have registered in CA a LLC, and want to operate without the LLC, do I still need the DBA/FBN Statement? (Ex. Main Street LLC but want to operate as Main Street only). And my second question, I did follow-up your instructions for LA County and my statement was returned 😣. Wrote down, as you indicated, my legal name in the line REGISTERED OWNER (BTW, as indicated also in the Operating Agreement of the company), however, the county clerk office returned my document arguing that the REGISTERED OWNER should be my LLC full name as registered in the Secretary of State, not my personal name. Your way to do it is very logic, but they told me it is incorrect. Isn't the Registered Owner my name instead of the name of the LLC? I will highly will appreciate your guidance!
Thanks, I'm glad it has been helpful! First - if you are using the name without the LLC, just have the LLC name somewhere. Like it doesn't need to say LLC in the website header, but have it in the footer and in your terms & conditions. Second - the "legal owner" of the DBA would then be the LLC - yeah, it is confusing. The bottom line is I just do what the government clerk says because they are the ones who have the power. (Sometimes they even want odd stuff like sign a document with a blue pen not a black pen --- hey, whatever gets it approved!)
Great video, have a couple of questions for you regarding DBA. 1. The name of my LLC is not DBA right, that is just name of the business? 2. DBA is basically the factious owner? E.g my name is Hammad, but I want the owner name to be Mike, ( and Mike does not does exist) 3. Regarding bank account, will the bank have the fictious name or real name of the owner on the account? Also the checks and other paper will have the LLC name on it, right? I would appreciate your replies.
1. You can have an LLC that you use as the marketing name of your business ... but if you don't then yes the LLC name is the legal name and the DBA name is the marketing/trade name. 2. No, I would not say that the DBA is the factious owner -- it is the trade or marketing name of the business. 3. The bank will have both names, the DBA name and the legal name. Sometimes they will have both on the checks, and sometimes you have to pick one or the other -- depends on the bank.
@@ElizabethPW Thank you so much for your explanation. I got this completely wrong. Thanks for correcting me. I looked further and what you suggested is right :)
Hi, I recently got a business tax certificate in Fresno county. I named my business Elevate & More (which is listed on the business certificate. My name is listed as the owner. This is a Sole Proprietor. would I still need a DBA? I asked the clerk this question when I obtained the business certificate. She said the name is there already and wasn't sure. Thanks for any help/feed back. I absolutely love watching all you videos. You are always so helpful.
Yes if you are using the business name Elevate & More then you'd need to get a DBA (a Fictitious Business Name registration) from Fresno County. www.co.fresno.ca.us/departments/county-clerk-registrar-of-voters/ficticious-business-names or you can use a service like www.dbastore.com/ (they also handle the publishing)
Elizabeth, for privacy reasons, what if you have a virtual 'real' business address where the city is different from your home office address? Would you file the dba in the city of your home address or in the city of your virtual business address? Thank you.
When you do a DBA they usually require a physical location address. Some virtual addresses won't work for that (like a PO Box) but you can get a virtual office address through some office places where it is a physical address (typically they also receive mail & packages, let you use the conference room, etc.).
@@ElizabethPW Hello Elizabeth, first of all thank you. To really drill down on the last question. My business has a "real" virtual address in Sacramento county. But I live in Los Angeles county. Where do I file my DBA? It's primarily going to be online but what if I want to sell at a flea market or outside fair or something-I would need local licenses correct? But my biz address is not in the same county. Hellllllllppppppp lol.
@@daygallery._ not really. It's been wild. Wells Fargo [awful bank] opened my account with my paperwork. And then 2 months later I guess a home office said they can't accept my virtual so they closed my business account (without warning) and sent me a new debit card for a regular account. I was furious.
hello thank you for helping us. i had a question, if i am getting an llc for my buisness that isnt my legal birth name (example my name is Nicole , and i am naming my buissness shopkarla) but i am naming everything under the buissness name would i have to get a DBA if i already registered my buissness with an LLC?
If you have a business name "Name LLC" and you operate the business as Name LLC (on you website, in your marketing, etc.) then you don't need a DBA for it. The DBA is only if the name is different than the legal name of the business. (If you *don't* form an LLC/corporation, then your personal legal name matters.)
Hello again! Do I need a DBA if I use a shorter version of my LLC name? Like if my LLC name is "Blah Blah Productions LLC" and I just wanted to use "Blah Blah" online or in marketing materials. Second question, when I invoice clients is it better to have them issue checks to the FULL LLC name?
If you want to never use the LLC after the name or the full business name, I'd recommend getting the DBA. But if you are going to use the LLC full name for "legal" stuff like contracts and checks, then as long as you also have it somewhere in your marketing, it would be fine. For example, if you go to the amazon website, it only says the legal name of their business (Amazon.com, Inc.) in the footer at the bottom, and in their terms & conditions. You'd want it in the footer so it is on every page of a website. I'd also want it on marketing materials in the fine print.
@LDubs_888 - Thanks for asking this, it was the exact question I had. @ElizabethPW - Thanks for the answer. It was pretty much what I was thinking, but nice to have the professional verify. :D
I am currently living in Japan but I am a resident of the U.S. state of Georgia. Can I register a DBA through the United states even though I don't currently live there and if so what adress would I use since I don't have a physical address in the states?
It depends on the state. Some states have DBA process be at the state level, so you are just filling out a form and paying money. In others it is about the physical location.
Great video! I have a question. In GA it is required to publish twice in newspaper. Can you please clarify...If I go to get a DBA with my local county clerk in GA do I fill in my personal address where I live in my county or LLC business address/virtual address that is in a different county? If my business address is a different county from where I live do I need to file the DBA in the county where the virtual/business address receives mail? In order to maintain privacy.
Generally the counties want a physical location address of where the business is conducted. Obviously with a truly virtual business, that is awkward. But you'll need for the address you use to match up with the county.
I have been watching a lot of your videos, they are pretty informative. I do have a question I hope you could help me answer. I have a EIN as a sole proprietor, but I’m taking over a business that’s already active. Do I still need a DBA if I’m still using the same business name? Thanks Im advance .
If you are using a business name that isn't your own legal name (or where it includes part of the name, like "Weinstein Consulting"), then you need a DBA. If the other person had a DBA, they would need to abandon it and then you file your own DBA on that name.
Hello im in the state of oklahoma, and im needing a business virtual physical address. Im confused because i used any time mail box to register my business to find out later it was accepted even my registered agent didnt say any thing. Now once i receive my address im going to have to go in and inform people of my new address including the state & find a new registered agency. Im just needing an address nothing fancy not wanting to pay a large monthly bill but able to add to it later can you direct me please
Not sure what your question is, but here's a vid I did reviewing virtual mailbox places ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-W7vYoaYyQ7U.html
Just to be clear, is it completely legally required to file any tradenames? Do all RU-vid usernames that are used for buisness that aren't full legal names required to be filed?
Each state has their own rules for DBAs/FBNs/trade names, so you have to look at the rules for your state. For example, in California you have to be "transacting business for profit" to be required to file for a FBN, so a YT channel that has not been monetized doesn't need a FBN. Also, in CA you only need the surname, so if I had like "Weinstein Something Something" then I would not need a FBN. It really depends on the exact facts.
Maybe silly question... how do you do a name search??? I have an idea for a name, but a friend said you have to watch searching on sites like go daddy as someone will buy a searched name.. but that's just for a domain name.. Thanks!
I have heard that too, but I don't know if it is true. Here's a video I did on how to do a trademark search ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-NrXKMn8l7As.html which is a good place to start
What if my LLC is “Gregory poppins LLC” but my store /services/&logo is “G.Poppins” … would I need a dba for this ? Or If I was to just do a dba to start would I need two dbas to go by both? Thanks for reading this, hope you get time to answer 💚
You'd need a DBA -- but sometimes if it is just your logo / banner / domain, but you have the LLC name on everything somewhere (about page, footer, contracts, etc.) then it may be enough.
Hi , i’m starting brand new candle business and mainly for selling online on ebay and we have choose a brand name for the candle we will see let’s say Candle X. But i will name my store same as my LLC name and will mentioned the LLC name on the banner . Do i have to get DBA? Or if i mentioned the LLc name on the label that would be enough? Also if i must do it how can i do it TX? Also any recommendation for filling for tradmark ? Just in case if i don’t have to file for DBA but thinking of filling for tradmark? Sorry for my multi questions i’m just confused and don’t know what should i do?
On the FBN statement pdf, can you use the virtual address for both #1 and #5? (Basically using the virtual address for all the sections when filing online) Thank you in advance!
Technically the law is that it is supposed to be a street address where the business operates and the owner's residence address. Some virtual addresses are obviously not a street/residence location addresses (PO Box, for example). There are people who have used a virtual address on an FBN and had it go through, but I'm finding that more govt systems have algorithms that catch them.
After watching this it seems like it’s a whole process . I’m thinking of just paying the 350 for legal zoom and that includes everything and publishing. So I’m seeing if it’s a good investment. If I did it solo it would take way longer for me to operate but cheaper ? Honest opinion ? I just want to get started.
The publishing can be a hassle. For my clients in California, I use dbastore.com but I think they are only in CA. It can be worth to pay someone but I think 350 is a bit much for a DBA
Hm it really depends on what you are selling, how much, etc. Generally if you are selling products online, for example, then usually you don't need to worry about the other states until you have some kind of economic nexus ($$$ of sales) or physical nexus (warehouse, employees, etc.) in that state. But of course it depends on exactly what you are doing.
@@ElizabethPW Thank you for getting back to me. I plan to do print on demand, apparel and accessories only. I've been seeing mix information so I'm just unsure how to go about this. Especially regarding taxes.
This video is beneficial. Thank you for sharing. I have a question about a problem I do not see a workaround for. Suppose I am renting, and the landlord does not allow me to have a business selling anything tangible, like even T-shirts, for example. In that case, the only type of business I can have is online publishing and writing reviews; getting a DBA and an LLC would be against the renter's agreement. Is there somehow a way around this? My scope is to get an LLC, but I will not be doing any selling for now. I will not need a seller's permit for quite some time.
So generally what you want to do is get a different address you can use for business stuff. Some people try using a virtual mailbox, but sometimes that does not work (in certain places you can't use that for a business license). So another option is a co-working space, then you can use the address for mail and also it is a place to work sometimes -- you can use that address for your business location.
Hi Elizabeth, I understand that if i want another name other than my registered name, I would need to register the fictitious name. For example, If my registered business name is Orange Banana LLC, do I need to file a fictitious name (FBN/DBA) for Orange Banana that I use for the business sign and in the menu?
So if you are not using the exact name of your LLC (including the LLC) such that people know they are doing business with an LLC, then yes you'd need a fbn. If the LLC name is also on the menu (like in the footer) then that would be enough for the menu at least. If you are unsure, best to get an fbn since not terribly expensive. I'd use dbastore.com or similar to make it easy.
Elizabeth, can I call you Liz, I am about to start a business as a youtuber content creator ,I know I need to create a following before my can be monetized, do I need an LLC right now or wait till I am monetized..also am I considered a business already if I am creating content on a regular basis like every other week..
I don't do phone consulations anymore. But the short answer is that for a content creator, it usually makes sense to wait until you are monetized before spending money on an LLC, unless you have a particular risk issue (lots of personal assets, a risky/controversal topic, etc.). You have a business as soon as you are making an effort to make money and/or are making money.
Hi Elizabeth, thank you for this video. Not sure if you're still checking comments here or not (if you are, great!). I'm filing my LLC through ZenBusiness where they will be the Registered Agent and file on my behalf for a small fee, along with an EIN. My business name is not my name - it's called Amplify Your Potential and will be a training institute with some consulting included. Do I need to file a DBA for my name? The EIN is going to be under my business name, so I'm not sure if I should just do the LLC under my own name, instead of the brand name? I'd like to know your thoughts. I might have to take you up on the 15 minute consultation you offer (based on the answer you gave to another comment). Thanks so much!
In California (every state has their own rules), you need to get a DBA/FBN if the name you use in business is different than the legal name of the business. If you have an LLC, then the legal name of the business is the name of the LLC. So you'll need to decide if you want to brand it as Name LLC or have a different LLC name as your trade name.
@@ElizabethPW thank you so much. I think I’ll just use the business name as my legal LLC. It might be better then using my name although I know people use their name to brand their business. I appreciate your feedback and comments!
Thanks for information.. Though I have few question.. I want to start affiliations through website.. Do I need to register as dba? Is publication mandatory and where to get info about that? I am currently in Georgia.. How to get info whether I need to register in county or state?
Generally, DBAs (trade names) in Georgia are done on a county level. Do a search for your county registrar's office. For example, here's the link for Fulton County: www.fultonclerk.org/237/Trade-Names-DBA
Hello again~! When filling out the DBA address portion as a sole proprietor, you mentioned to put in my address. This assumes my personal home address correct? What if I establish a PO Box for my business later on? Do I have to ammend the DBA registration? Or should I get the PO Box first and then do the DBA registration, so that I can enter that PO box address in the form? Thanks!
For the DBA they usually want a physical location address. If you get a PO Box later, it would just be changing your business mailing address so that doesn't matter for the DBA stuff - what would matter is if you changed you location.
Hi, thank you for the info. I do have a question. I've had a DBA since 2018. I just found out that someone else has obtained a DBA this year under the same business name. I have not received any response yet from the county clerk's office. They are in the same county and nearby city. Do I have any rights?
Generally a DBA isn't a trademark, so you don't really have the right to exclude others under the DBA statute. But the county registrar usually would not let two businesses have the same DBA in the same county, since it would be confusing in the DBA database. Check to make sure your DBA is still valid -- they need to be renewed every 5 years (perhaps it just expired). Also, if their name is slightly different, it would probably be allowed by the county.
I am looking into a print on demand online business. I assume that selling an idea, or image on items that people will purchase will still mean its a business. With this in mind will I need specific legal requirements to legally sell and make money other than taxes?
Yep if you are charging someone money then you're in business. Here's a video that may help get you started: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-6rFHemQqVSQ.html
Assuming you are in California, the California code section 17915 states that: "A fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state or, if the registrant has no place of business in this state, with the Clerk of Sacramento County." This is different than a business license, which can be required in multiple locations.
Hi. When applying for EIN, the DBA (FBN) is required. Do I actually need to complete the FBN application with my county clerk (California, San Bernardino) before I can file for EIN? I intend to file for the FBN but it will also require 4x publication. That itself can take up to 1-2 months. This would delay me getting the EIN. Can I fill in the DBA in the EIN application, while filing for FBN? Thank you.
Hi Elizabeth! I'm starting a media company but will have different trade names or channels to represent different brands but under one media company. I plan to start as a sole proprietor then later convert to an LLC. If I start the business as XYZ Media, but establish a brand for a youtube channel named ABC. I should file a sole proprietorship under XYZ Media and a DBA for ABC? Thank you!
So you don't file to create a sole proprietorship -- it is automatic if you are a one-owner biz and you don't have something else (LLC, corporation, etc.). You have to make a DBA for any biz name you use that's not your legal name. So you'd get a DBA for XYZ Media and a DBA for ABC, both of them owned by you the sole proprietor.
Thank you, all of your videos are so informative. If I am filing as a sole propiertor in Los Angeles and have to publish in the newspaper mulitple times, can I publish in different newspapers at the same time or do I have to wait to publish in a certain time frame?
It has to be published "once a week for four consecutive weeks" www.lavote.gov/home/county-clerk/fictitious-business-names/publication so it really won't save time to publish in different newspapers. I typically use www.dbastore.com/ to set up publication and even do the fbn filing - they make it pretty easy
@@ElizabethPW I got my confirmation # & they said my FBN filing has been received by LA County. It also says within 5 days business days I'll get an email from a third party payment processor to verify my identity & make my payment using a credit card. Will I have to contact the newspapers to publish on my own during that 4 weeks or is that what my payment is going to & they do it? Thankful for you!
The DBA store people will do the publishing if you selected that as part of your package. They are usually responsive if you email them with questions :)
I’m a certified hypnotherapist, I only take clients online. My understanding is we don’t legally need to have a business license for alternative & complimentary therapies in California. Does this mean we don’t need an LLC or DBA? It’s so confusing. Thank you 😊
No one has to have an LLC -- that's just an option (you can stay a sole proprietorship). You need a DBA from the county if the name of your business is different than your legal name. Whether or not you need a business license depends upon the rules of the city where you are located.
Hi. I have a question...admittedly, it may be a stupid question. I’m thinking of opening an online store, but my current residential rental contract says that I can’t run a business of any kind from my residence. Do I have any options, other than securing a separate business office?
Usually no, they want a physical location address -- it's an old pre-internet-business rule. Some people have used the street address of the post office (some post offices give you that, with your box as a suite number) but technically it is not the rules.
I'm not sure what you mean, but the EIN is tied to the legal entity of your business -- a sole prop, partnership, LLC, or corporation -- the dba is not a legal entity, so that matters less
Hi Elizabeth, Thank you for offering your expertise to the public. Question: it seems I do not need to file a DBA/FBN as my LLC name is my Firstname Lastname Consulting LLC so from what I've read and from what you've explained, it sounds like I do not need to file an FBN, correct? In that case, am I also exempt from needing to publish my business name in the local paper?
Right so if your LLC name is Something LLC, and you use the name Something LLC as your business branding, then you don't need a DBA. The legal name and the branding just need to match up.
Ah so if your branding is Something then you can either get a DBA or you can avoid the DBA but having the LLC on there somewhere -- like in the footer (so it is on every page of your website). You want people to connect the dots (and the paperwork) from Something to Something LLC.
I want to protect my RU-vid channel with an LLC. How do I create a “paper trail” that would lead to my LLC as the owner of my channel? Also, would it make sense to have a DBA in the name of my channel, where the DBA is linked to my LLC? Or can I just skip the DBA? Thank you.
Great question. For a youtube channel, once it is monetized you'd want the LLC's EIN as the tax info and have the money go into the LLC bank account. Also you'd want the LLC name in places on the channel so people know it is connected to the LLC, like in the description of each video and in the about section. Yes you may want to DBA the name of the channel to provide another papertrail, too.
Thank you Elizabeth, but I still don't understand a lot of things please help me I've been on a process in setting up my online business for 3months... I registered my business selling "jewelry and merchandise" and then "Retail selling Jewelry and Merchandise" for my LLC. I tried to apply for a business account with my federal bank account but they only accept DBA`s then I tried to a bigger bank that accept LLC but they are very strict in accepting applicant. 1. My question is if I already have an LLC and get a DBA should I put selling "jewelry and merchandise" also? 2. can I get DBA business account instead using my LLC? 3. do I still need to get EIN if I get DBA? thank you so much in advance...
That should be fine to list it as jewelry and merchandise. If you have an LLC, you need a bank account that's for LLCs. A sole proprietorship with a DBA does not need an EIN (but it can get one).
Hello and thank you for the video! I have an LLC, selling press on nails, but recently wanted to add or change the name to something different to be able to add clothes etc to the website, would I be able to use both names (are they interchangeable if I get a DBA) or would it have to be the one that I chose for the dba? I hope I made sense lol
If you have an LLC name and a DBA name, you can use both names. I have many clients who have multiple business "lines" under one LLC - sometimes they do this as multiple DBAs, sometimes as one DBA and one LLC name.
Hello. If someone has a sole proprietorship, how do they switch it to a series LLC? Also, what if one of the businesses only puts out a blog/vlog/podcast, what needs to be done?
Here's a video I did on converting sole prop businesses to an LLC ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-iI7wyWBB8yY.html but if you want to make a Series LLC, that's much more complicated. Series LLCs are only allowed in a few states (see this article www.nolo.com/legal-encyclopedia/what-is-series-llc.html) and I would not recommend doing it yourself -- look for an attorney who sets up Series LLCs.
Hi! I understand that I will need a FBN, but do I file for that first before I file for a business license as a sole proprietorship? I’m not sure which comes first.
That's a good question - depends on the timing/rules in your area. Usually you'd get the FBN first, or at least get it started. In some places you need the business license *before* you start the business (and it takes weeks to go through), and in others you *can't* get it until your business is already started -- check which applies for you. The FBN will take weeks to go through, so factor that into your calculation too - and you need the FBN before you start using it (otherwise you can't put that name on your bank account).
If I file for DBA and want to get a business address can I do a virtual address that has a physical address? Like I live in San Francisco and then I buy a virtual mailbox that is also in San Francisco?
Some mail companies have a physical address that will work for a DBA, but it depends upon the company. For the DBA, the address is on the public record, so if you don't want your home address to be public, you'd need a business address.
When I tried to apply for DBA, it asked for business address but when asking for “Owner” it ask for residence address. Does that mean I need to disclose residence anyway? and it gets printed in the DBA publication requirement? Is there anyway to not disclose residence address in california?
Typically they require a physical location address. Doesn't have to be your residence, but where the business is physically located. Some people have used virtual addresses but they can get rejected (PO Boxes will always get rejected). Yes, it gets put in the legal publication - no one actually reads them but the DBA is in a public database and you'll get junk mail.
Hm so you can create an LLC with your name (Firstname Lastname LLC) assuming it is not taken already. It is common to incorporate one's own name or initials in a business name (EPW Coaching LLC or Weinstein Properties LLC). But, if one just has their full name (Elizabeth Potts Weinstein LLC) then it can be confusing. You'd have to ALWAYS make sure to use the LLC after it, and to make sure everyone else always uses the LLC after it, so no one is confused that they are dealing with an LLC versus you personally as a sole proprietor. I think it is better to just incorporate initials or part of a name versus use one's entire name.
@@ElizabethPW Oh sorry I meant to have one's personal name as the DBA, not the LLC. I'm assuming that wouldn't be advised due to "piercing the veil" but thought I'd ask.
Thanks for doing these videos! My question is, I'm starting an LLC for the first time (I've never had a business before) in CA. Why not just use the name that I'm going call my business as the LLC name? That way I can bypass the DBA process. But, I read somewhere that if my business name does not include my last name, I have to do a DBA anyway. Is that true? Let's say I want to call my business "Icy Breeze Air Conditioning LLC". Is it better to start an LLC named as my name and do a DBA as "Icy Breeze Air Conditioning"?
Yes you can use your LLC name as the business name to avoid the DBA process (Businessname LLC as both the business name and the LLC name). The rule you read about using your last name is for a sole proprietorship, not an LLC.
Hi I have a question I am planning to start my small business from home making herbal hair oil I am planning to start selling online on make my own website can you please tell me which one is better to do DBA or LLC registration so end of the year I can file business tax to get business credit?
If you want to establish business credit rating for your business, it needs to be a separate legal entity from you (like an LLC). If you have a sole proprietorship / DBA, then really it is just your own credit (since you are personally liable for any business debt). But if you just want the tax deductions from the expenses of the business, it can be either a DBA/sole prop or an LLC that is taxed as a sole prop (the default for a one-owner LLC).
@@ElizabethPW thank you so much for you your reply it’s very helpful for me I really appreciate that I learn a lot from each of your video great RU-vid channel I highly recommend for everyone they should subscribe your channel God bless you 👍
Hi Elizabeth, I'm starting a business from home, I have already applied for my LLC, and the form operating from home occupation permit, I also got the EIN number, do I have to get a DBA? The type of business is dispatching services for trucking companies. There will be no type of equipment involved I will be just using a computer and a phone.
Great info! I have a question and possible consultation for future business. A current company using my similar name is operating in Amazon selling under _ _ _& _ _ _ but is under a different name as their LLC. Which might possibly not be trademarked maybe? So the name i want to register is _ _ _ N _ _ _ VS. Theirs _ _ _ & _ _ _ If i register my name with USPTO and it gets approved would i then in theory be able to have them switch their current name from my trademarked registered name? Thank you and hopefully i projected my questions correctly.
Minor differences between names (like & and "and" or "N", or adding a space or dash, or weird spellings) don't create an actual difference from a trademark law perspective. If someone gets a registration through the USPTO they might have an argument to get a minor-difference (who doesn't have a registered trademark) taken down. But if they were first, they may have concurrent rights (some rights under common/state law). Also, it can be hard to get a trademark application through the USPTO if the other business comes up on a google search. Bottom line - it is not a sure thing either way, depends upon too many factors (some of which are out of your control).
I have q question i live in California and preparing my new business as a dog Walker....my services will include walking dogs, pet visits and like a pet taxi as well.....is a DBA better or an Llc?? I thought and LLc was better.... I do have a company name, not my name
An LLC is one way to protect yourself from personal liability from the dog walking business (something happening to the dogs, the dogs doing something to a third person, etc.). Of course it is also good to have solid contracts with your clients as well as insurance.
@@ElizabethPW thankyou for your reply...but at first i was given a form to fill out to have a DBA...haven't done it yet because i was unsure of which one is better....i saw a video that Llc is really expensive here in California.....that is my debate
Yep it is true that LLCs have an $800/year franchise fee tax in California. I'd recommend using dbastore.com/ for your DBA if you want help - the fees through them are usually around $75-125.
Hi Elizabeth! I'm a singer and just got my EIN so I can distribute my music. My legal name is Tori Walker and my stage name is just TORI. Would I need to get a ficticious business name statement? Thanks so much!
Hi Tori! Hm yes it may be a good idea to try to get a fbn for "Tori" in your county, so you can use that name without your legal name being involved. You may need to check in your county to see if it is already taken (each county has its own database).
Hi, I'm starting an at home body sculpting business and getting my esthetician license so I can have a real spa business. I wanted to know if I can just use maybe my last name as the LLC and have DBA like "body works" I should be able to use my LLC for multiple purposes correct and have different DBAs? And is the order to file for things in this order: register business, ein, dba?
in California for example... filing a fbn... I am confused about the different address lines. my business is a somewhat home business but it is mobile... I do not wish to list my home address on any documents as much as I can help it. on the fbn statement paperwork, It asks for Address of business. I did set up a virtual mailbox to be used as a business address, Would it be acceptable to enter this virtual mailbox which is an actual physical address- could I enter it for the business address on the FPN form? For the mailing address, would I put my home address? For the registrant address, I am the registrant so would I put my home address here? Thank you for your time!
These FBN rules were made up in old-fashioned times so they want a street address for the FBN business address. The idea is that someone can "find" a business this way (of course today people would just find a business by their website). If you include a PO Box it would get rejected by the system. I'm sure some people use virtual addresses, but it could get rejected and/or later be found to not be valid. I have some clients who use a co-working place for this reason, so they have a street address. Mailing address can be virtual or PO box or whatever. The registrant is the owner of the FBN (for a sole proprietorship it would be the person who owns the biz).
@@ElizabethPW Thank you so much for your reply. So for a business that is considered home-based. is best to use the home address or a virtual address that does have a physical street address, I have researched any time mailbox- Would that physical business address work- anytime mailbox, physical address on the form where they ask for Business address? thanks for your time!
Some systems will reject some virtual mailboxes (and for some filings, the govt person will look up the address to check). So to be sure it will go through, use a street address like a home address
Let me be sure im getting this right: 1) With Adsense, u get money from Google 2) Google asks for your legal name and bank info to verify the name on your bank account matches the name u gave them 3) once u get verified, Google knows who they are paying 4) RU-vid viewers don’t have to know your legal name because theyre not directly paying u (not with Adsense at least) 5) DBAs basically just tell u who u are paying Can u confirm if that’s right? If thats right then i think im ok without a DBA Thank u for your response! I’m trying to learn how starting a business works and your videos have been very helpful.
That is the idea overall, that you are doing business with Google not the viewers. Of course that changes if you start selling affiliate stuff or products etc
Hi! I have an LLC but I don’t know if I need a DBA. For example my llc is “Brand Name Beauty, LLC” but I just want to go as “Brand Name” do I need to file a DBA that is just “Brand Name”?
If you drop the LLC from the name, you'd need a DBA. But one aspect is that it is okay to not use the LLC name in the domain name or the header of the website -- as long as it is in the footer, on the about page, in your contracts, etc, then that should be fine.
If my company name is 'X' and am publishing an appstore/playstore app called 'Y'. If my bank account is in the name of company name X and billing app memberships under X/company name, Should I necessarily register this App name 'Y' as Business name or DBA or not needed?
As long as you have the X name on the app somewhere as the owner / business name, then you are not required to (it is like someone doesn't need to dba for all of the names of the products in their store). *But* sometimes it makes sense to get a dba so you can use that app name on your merchant account, so people recognize the charge, if your merchant account requires a dba to edit the name (mine doesn't, but some do).
Hi Elizabeth! Thank you so much for your videos as they are extremely informative and helpful. I'm still unclear of something. I reside in NJ and recently started an LLC business of which I received my state EIN# for. However, when filling out the business formation & authorization application when asked for my business name it stated it was too similar to another listed business and asked that I make a slight change to the name which I did and was then allowed to proceed with the completion of the application. My question is due to the fact I technically now have 2 slightly different names, do I need to file for a DBA and if so for which name? Would it be for the name of which the EIN# is registered to OR the name with the slight change used on the business formation and authorization application? Thank you once again!
So your LLC was formed in OR (Oregon) and you registered it in New Jersey (bc you live there)? Yes sometimes that happens where you have to change the name a bit in the other state. Hm well you don't register a DBA for an LLC/Inc. name (they typically don't let you). I'd say you'd just use both names in your marketing (like in the footer of the website, say XYZ LLC (XYQ LLC in New Jersey) or something like that. The main point is to make sure that people are not confused.
Good afternoon Elizabeth! Thank you for your quick response, really appreciate it. So the LLC was originally formed in NJ. However, because the business name had to be slightly changed during the completion of the states business formation application from the original name used to obtain my EIN, I was concerned that it may cause me a problem when applying for bank business credit if I didn’t complete a DBA. Would I have an issue with the banks if a DBA isn’t performed? Thanks again and have a wonderful day!!
10:08 Can i Fill my multiple business FBN in the same application? Like I have 3 wbesites all doing diferent stuff but i want to add them to 1 LLC as it's still in experimental stage, should I file different form for each website fo Online Business ? Or Just Add All the Fictituous names for All those Website online business in 1 single form you showed?
Hello, I have an Etsy shop and a Redbubble shop...both have similar shop names...do I need a dba for each? And does the fictitious business name have to be the name of the shops? From California.
If the names are similar enough (like one has a space and the other doesn't, due to naming conventions of websites) then one DBA is likely fine. The fictitious business name is the name you use in marketing/sales, so yes likely the shop name.
@@ElizabethPW thanks...one shop name has the word “shop” added to it. Does that mean two fictitious business names 🤔 also when you say marketing does that mean promoting the shops name? I don’t do that...I just promote my art
If my legal name for example is Jane Dole, and my business is called Dole Bakes, then I wouldn’t need to file a DBA, is this correct? Since it includes my legal last name. And I don’t need to include my legal first name right?
In California (under section 17900), if you use your legal surname (last name) in the business name, you don't need to get a DBA unless the name suggests there could be other owners. Like if it was "Dole Baker & Associates" -- that sounds like it might be multiple people. However, sometimes you want one so you can get that name on your bank and merchant account.
Hello I have a DBA but I want to sell different things that are not related. Originally I wanted to sell toys so I came up with one name and registered as a DBA. But now I want to also sell clothes and I can’t possibly use the same name as I have for the toys. Can I private label/ trademark a different name for the clothing line and sell It under my toy name DBA? Hope that makes sense.
In that case, you'd probably have one DBA for the clothes business and one DBA for the toys business. But they can both be under the same legal entity (sole proprietor or LLC). Trademarking is a separate issue and you can have a trademark but not a DBA, or the other way around.
One more question 😅 I am learning from scratch, how do I know I have a sole proprietor? When I registered the DBA it didn’t give me an option to register as a sole proprietor. Does this mean that I am automatically considered a sole proprietor if I registered as a DBA?
so you can't start a business without a dba? just realizing how long this might take and I was planning to launch in the next few weeks. I am not setting up a business account right away but I was planning to get my seller's permit and I know when I file for that it will ask for my DBA.
If you use your legal name in the name, then you don't need a DBA. So like if I started a business "Elizabeth P. Weinstein Consulting" then it does not need a DBA.
I’m not using my name I have another name for my business. There is no way around getting my business started without a dba for now? Or getting a resellers permit ? I was going to get one started but as youve mentioned the process is long 😔 I was aware I needed a permit but not aware of a dba until now.
It’s common for people to start the business as the DBA is pending (all the publications). You will need it to put that name on a bank account and such.
@@ElizabethPW so for a sole proprietor, the business name has to be my legal name right? So let’s say one started multiple shops in marketplace like Etsy and Redbubble with similar shop names( does not contain last name) ...does one need a DBA for each shop🤔
You may need to pay sales taxes in other states -- it depends upon the law of those states and what platform you are using to do the sales. Also sometimes you need to register in other states -- depends upon other connections (like location of a warehouse).
@@ElizabethPW thank you so much for replying! I work from home and the platform I am using is Shopify. I just worry about breaking the Law if I sell online with my DBA. Also, Is there any way that I can sale all across the U.S without having this issue?
You need to think about places where you have a physical nexus (connection) like employees, staff, warehouse, office, in-person sales, etc. Those are the places where you'd need to collect sales taxes, register a DBA, etc. So it would at least be your own state but it might be others -- depends if you have a nexus.
Hello. I’m in the process of doing my Fbn and publishing my business in the newspaper. I see that they’re going to be putting my home address out there. Idk how to feel about that. Is that okay or should I open some sort of mail box? But then I think I would have to pay for registration and publishing again 😔
Almost no one reads those legal notices. If you have a special reason you need privacy (like a stalker) then I’d get an address, but otherwise it is probably ok. A POBox won’t work anyway - has to be a street address
@@jenniferim92 You could probably get a virtual address through iPostal that is a street address too. I wonder if that would work because it's not a PO Box.
