When beginning a business, one of the most significant steps is deciding on a company structure. Limited liability corporations (LLCs) and “doing business as” firms are two of the most common solutions for small company owners (DBAs). Both have advantages and disadvantages, so you should weigh many variables before selecting which is ideal for your new firm.
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DBA: The Most Basic Type of Business
The most obvious advantage of constructing a DBA is its simplicity. It has fewer laws and regulations, less paperwork, and cheaper upfront and continuing fees than an LLC or corporation. DBAs are a popular solution for small company owners looking for a simple, low-cost setup procedure. While incorporating an LLC isn’t difficult or costly, DBAs merely make the process easier.
Reasons to Use a Make-Believe Name
Choosing a fake name for your company enables you to better brand and sell it, attracting more consumers. If you create a one-person consulting company, for example, you’ll probably have greater luck with a business name like “Sarah Smith Consulting” or “Top Choice Consulting” than with the name “Sarah Smith.” To prospective clients, a fake business name helps your organisation appear more professional, trustworthy, and distinctive.
More practically, you may want a fake name in order to establish a business bank account or add your company listing to specific directories.
Differences The distinction between an LLC and a DBA
While both are reasonably easy to set up, the distinctions between LLCs and DBAs much exceed the similarities. Here’s a rundown of the most notable distinctions:
Individual Liability
Personal responsibility is most likely the most important distinction between DBAs and LLCs. There is no legal distinction between the business and the company owner when using a DBA. That implies that if the company incurs debt or is ordered to pay damages in a lawsuit, the owner’s personal finances may be jeopardised.
An LLC adds a layer of legal protection between the firm and its owners, keeping personal bank accounts and assets such as vehicles or real estate out of the way if the business runs into financial difficulties. This significantly decreases an owner’s risk, particularly as the firm expands.
Assumed Name vs. Entity
An LLC has a distinct legal entity called an entity name. A DBA essentially establishes an assumed (or fictional) name, which is not a distinct legal entity.
The Registration Procedure
While the registration procedure for both LLCs and DBAs varies by jurisdiction and is not too difficult, registering a DBA is often easier. In fact, several jurisdictions do not even need the registration of an assumed name for commercial purposes. Although some states require DBA registration at the state level, you may often register a DBA with the county or city in where it operates. This usually entails a brief form and a little registration cost.
In contrast, LLCs must be registered at the state level, usually with the secretary of state. This usually requires the filing of a document known as the Articles of Organization (or a similar term, such as Certificate of Formation) that details basic information about your company. A registration fee is also required. LLCs must also have a registered agent for the firm. This may be done by an LLC member or by a professional third-party provider.
Fees Involved
While prices vary by state, DBAs are often less expensive than LLCs. For example, creating a DBA normally costs between $10 and $100, but forming an LLC might cost between $100 and $800. Aside from variations in registration and renewal costs, LLCs are sometimes required to pay state taxes, which may significantly raise the cost of running business.
Taxes
DBAs do not enjoy any tax benefits. Because a DBA is not a distinct legal business, it has the same tax status as its owner. Owners of LLCs, on the other hand, have many taxation alternatives by incorporating the firm as a sole proprietorship, corporation, or partnership. Because of this flexibility, LLC owners may choose which tax status is best for their company.
Obtaining a DBA for Your LLC
DBA arrangements aren’t only for sole proprietors. An existing LLC, in fact, may form its own DBA. One reason an LLC could decide to do so is to grow and provide a new service or to target a certain demographic. A DBA would enable the LLC to establish a distinct brand for its business line. This would combine the ease of registering a DBA with the personal responsibility protection and tax benefits of forming an LLC. However, keep in mind that the LLC is still financially responsible for the DBA.
Conclusion
So, which is preferable: a DBA or an LLC? That ultimately relies on the particular features of a company and its owners. LLCs provide additional tax alternatives and liability protection, but they also require more paperwork and cost more. Examine all available alternatives carefully and consult with a third-party specialist, such as an accountant or lawyer, to ensure you choose the optimal structure for your new firm.