646 666 9601 [email protected]

Entrepreneurs often wonder whether they should form a DBA or an LLC when beginning a firm. A limited liability corporation (LLC) is a form of corporate organisation that allows for limited liability.

A DBA (doing business as) name is just a registered business name. DBAs may be used by single proprietorships, partnerships, limited liability companies (LLCs), and corporations.

What exactly is a DBA?

A DBA is not a corporate structure. A DBA is a fictional name that may be used for branding reasons by single proprietors, partnerships, LLCs, and corporations.

A widespread misperception among first-time entrepreneurs is that by obtaining a DBA, they are establishing a formal corporate structure with liability protection.

However, this is not the case; instead, they are basically forming a sole proprietorship with a DBA name for branding and banking reasons.

Legal Help CTA

Is it preferable to establish a firm as a sole proprietorship (with a DBA) or as an LLC?

To answer this question, three factors must be considered:

Branding and Naming
Banking for Personal Liability Protection
Banking
You are effectively a sole proprietorship when you establish a firm without a formal framework (or a partnership if there is more than one owner).

Sole proprietorships are named after their owners. If your name is “John Smith,” your company’s name would be John Smith. Partnerships take on all of the owners’ surnames.

This is plainly inconvenient for branding, which is why sole proprietorships and partnerships get a DBA.

Branding an LLC

When you incorporate an LLC, you may name it anything you want without obtaining a DBA.

Personal Liability Insurance
Sole proprietorships and partnerships with a DBA are not recognised company formations that provide personal liability protection. As a result, if the company is sued, the owner’s personal assets (vehicle, home, money) are at danger.

LLCs are a legal corporate structure that protects individuals from personal responsibility. As a result, if the firm is sued, the owner’s personal assets (vehicle, home, money) are safeguarded.

Banking DBAs allow sole proprietorships and partnerships to accept and deposit checks written in the name of the company to any account linked with the DBA rather than the owner’s name.

However, if you create an LLC and open a bank account in its name, you will not need a DBA and will be able to accept cheques made out to the LLC’s name.

DBA vs. LLC: Quick Answer

It is normally preferable to adopt a formal corporate structure, such as an LLC, when beginning a firm. You won’t need a DBA for branding since you’ll be using your LLC name, and you’ll be protected from personal responsibility.

LLCs also provide improved corporate legitimacy and may assist improve your company’s credit score.

When Should You Get a DBA?

Businesses get a DBA for two major reasons:

1. When your official company structure, such as an LLC or corporation, includes many brands or lines of business, you need get a DBA.

2. Informal firms, such as sole proprietorships and partnerships, get a DBA for the following reasons:

Branding\sPrivacy\sBanking

These informal firms, on the other hand, should have been formed as a regular company organisation, often as an LLC. They will get all of the advantages listed above, as well as personal asset protection.

Benefits of becoming an LLC

An LLC is a formal corporate entity that provides several benefits, including:

Personal asset safeguarding
Pass-through taxation (branding)
Low cost and simple upkeep
It is possible to be taxed as a S company (S corp)

LLCs for Personal Asset Protection provide limited liability protection. This implies that your personal assets (e.g., vehicle, home, bank account) will be safeguarded if your company is sued.

Branding
When forming an LLC, you may pick any business name as long as it is distinctive and complies with state regulations. Unless you register for a DBA name, you must use your surname while forming a sole proprietorship or partnership.

Taxation through Pass-Through
LLCs are taxed as pass-through businesses, much like sole proprietorships and partnerships. This implies that the earnings of the company will be passed on to the members and recorded on their personal tax returns. Profits are only taxed once, at the individual income tax rate of each member.

Low Price
Forming an LLC costs about the same as creating a DBA for a single proprietorship or partnership. Personal liability insurance frequently overcomes any extra expenditures.

Simple to Maintain
In comparison to other formal corporate arrangements, LLCs are easy to manage. LLCs, unlike DBAs, do not need renewal.

Can be Taxed as a S Corp.
LLC owners may elect to be taxed like S corporations. An S corporation classification permits LLC owners to pay FICA taxes solely on their “reasonable compensation,” rather than their whole yearly distribution amount. To find out whether a S corporation is suitable for your company, click here.

Legal Help CTA

Get the legal clarity and support you need to move forward with confidence. Our team is ready to help, and your first consultation is completely free.
Schedule a Legal Consultation Today!
Book Your Free Legal Consultation Now
Schedule a Legal Consultation Today!
Get the legal clarity and support you need to move forward with confidence. Our team is ready to help, and your first consultation is completely free.
Book Your Free Legal Consultation Now
Get the legal clarity and support you need to move forward with confidence. Our team is ready to help, and your first consultation is completely free.
Schedule a Legal Consultation Today!
Book Your Free Legal Consultation Now
Schedule a Legal Consultation Today!
Get the legal clarity and support you need to move forward with confidence. Our team is ready to help, and your first consultation is completely free.
Book Your Free Legal Consultation Now