Although filing for a DBA is similar nationwide, there are specific rules to follow when getting a Mississippi DBA. Read on to learn more.
If you’re a business owner in Mississippi and wish to operate under a different name than your registered business name, a DBA (doing business as) can be a solid strategic move. Getting a DBA lets you conduct business under an alternate name without creating a new legal business entity.
DBA in Mississippi: Key Takeaways
A DBA is not a business structure; it’s an alternate name for your business.
Any Mississippi company conducting business under a name other than the legal name, must file a fictitious business name statement with the Mississippi Secretary of State.
Filing a DBA in Mississippi costs $25.
What Is a DBA?
A DBA, which stands for “doing business as,” allows business owners in Mississippi to operate under a name different from their legally registered business name. It’s a way to enter the market with a name that might be more descriptive or marketable.
A DBA is not a separate legal entity; it’s merely an alias for your existing business. This means a DBA is not a business structure like an LLC or a corporation. Unlike these structures, a DBA doesn’t provide liability protection, tax benefits, or a separate legal status. It’s simply a fictitious business name that you can use for branding or operational purposes.
Let’s say you own a landscaping business called “Green Acres LLC,” but you want to expand into garden supply sales. You could file a DBA to operate the new line of business under the name “Green Acres Garden Supplies.” This way, you can diversify your offerings without the need to create a completely new business entity and invest extra funds or time.
How to File a DBA in Mississippi
The process for getting a DBA in the state of Mississippi is pretty straightforward but involves some necessary steps like name searching and paperwork. Here is a step-by-step guide to make sure you get it right.
Step 1 — Do a DBA Name Search
Before you can register your new fictitious name, you’ll want to check whether the name is available and no one else is using it. In some states, two businesses cannot use the same DBA at all, while in others, this is possible but could be less than ideal.
Multiple businesses generally shouldn’t use the same name. Your name should be unique to avoid confusion with other businesses and legal issues.
Remember that a DBA doesn’t give trademark protection rights. Just because you’ve registered a DBA doesn’t mean you have exclusive rights to that name beyond the state of Mississippi.
Step 2 — File a Fictitious Business Name Statement
A fictitious business name statement is the document you file to officially register your DBA or “assumed name.” It serves as a public record that you’re operating under that name, which can be especially useful for branding and legal transparency.[1]
You’ll file a Mississippi fictitious business name statement with the Secretary of State’s office. You’ll need to fill out a DBA registration form, which usually asks for details like your legal business name, the DBA name you’re using, your phone number, and your business address. The filing fee can vary, but expect to pay around $25. Some counties might also charge extra for certified copies, so keep that in mind.
The county clerk’s office is often the place for official business filings like this. However, in Mississippi, you have to address the Secretary of State directly. Note that there is also no requirement for business owners to publish the DBA names in a newspaper or other public forum.
Some financial institutions might ask for a filed fictitious business name statement if you want to open a business bank account under your DBA name.
Step 3 — Follow Up
After filing your DBA, don’t forget to keep tabs on it. In Mississippi, you must renew your DBA by the end of the final year after your DBA name has been active for five years. The renewal fee is the same as the initial filing fee, $25. You can renew your DBA online using the Mississippi Secretary of State website.[2]
It’s a good idea to set reminders for yourself so this doesn’t slip through the cracks. Failing to renew could mean you lose the rights to your DBA name.
Mississippi DBA Name Restrictions
There are some rules to follow when naming your DBA. In Mississippi, your DBA company name can’t include:
Words that imply your business is involved in illegal activities
Business entity suffixes like LLC, Corp, or Incorporated, unless it's your actual entity type
Words related to banking like “bank,” “trust,” “savings,” or “loan”
Keep these rules in mind when brainstorming names before submitting any official paperwork.
DBA Mississippi Tax Considerations
It’s important to note that a DBA is not a separate legal entity. Therefore, it does not have its own tax obligations. The tax ID and status of a business under a DBA depend on the tax structure of the underlying business entity.
In the state of Mississippi, the tax obligations of a business are contingent upon its legal structure — be it a sole proprietorship, partnership, LLC (limited liability company), or corporation. The DBA itself won’t influence these obligations. You still must comply with state tax laws, including income, sales, and employment taxes.
At the federal level, the tax implications are also consistent with the business structure. The Internal Revenue Service (IRS) requires companies to report income and expenses on their federal tax returns, irrespective of using a DBA name. You will use your Employer Identification Number (EIN) for tax reporting.
Also, a DBA doesn’t provide asset protection or limited liability. The business's legal structure — such as an LLC or a corporation — affects the extent of personal asset protection. Sole proprietors and general partners in a general partnership are personally responsible for their debts and liabilities.
Why Should You Get a DBA?
A DBA lets you operate under a different name without the hassle of creating a new legal entity. This is particularly useful if you want to branch out into different markets or services. You can keep your original business structure while presenting a different face to the public.
With a registered DBA, you can open a business bank account under the assumed name. This makes separating business and personal finances easier, a big step for money management and accounting.
If you’re a sole proprietor, using a DBA can give you a layer of privacy. Instead of operating under your personal name, you can conduct business and even receive payments under your DBA name, keeping your personal identity more private.
For those testing a new business idea, a DBA is often quicker and less expensive to register than a formal business structure like a limited liability company (LLC). It offers a way to get your business off the ground without a hefty initial investment.
If you already own a business and are thinking of expanding, a DBA allows you to operate multiple businesses under one legal entity. This can simplify your tax situation and reduce administrative overhead.
FAQs
What’s the difference between an LLC and a DBA?
An LLC (limited liability company) is a legal business structure that protects personal assets and has tax implications. A DBA (“doing business as”) is an alternate name under which you conduct business and doesn’t offer any legal protections or tax benefits.
How much does getting a DBA cost?
The cost of getting a DBA varies by state and sometimes by county. In Mississippi, you can expect to pay around $25 for the filing fee, but this can vary.
Do I need a DBA for my Mississippi business?
No, if you’re fine operating under your own name or the legal name of your LLC or corporation, you don’t need a DBA. However, if you want to conduct business under a different name, you’ll need to register a DBA.
What’s the difference between a trade name, an assumed name, and a DBA name?
These terms are often used interchangeably but can differ slightly depending on state laws. Generally, a “trade name” and “assumed name” are names under which a business operates that are not its legal name. A DBA is the official registration of that name.
How long does a DBA last?
The duration of a DBA varies by jurisdiction. In Mississippi, a DBA registration is typically good for five years, after which you’ll need to renew it.
Is there a limit to the number of DBA names I can have?
There’s usually no set limit on the number of DBA names you can register. However, each name will require separate filing and fees.
Is a DBA the same as a trademark?
No, a DBA doesn’t grant you exclusive rights to the name, which is what a trademark does. To protect the name, you’ll need to register it as a trademark separately.
Does a DBA affect my business’s tax status?
No, a DBA does not affect your business’s tax status. Your tax obligations will depend on your business structure, like whether you’re a sole proprietor, an LLC, or a corporation.
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Bibliography
Mississippi Secretary of State. “Summary of the Fictitious Business Name Registration Act.” Accessed October 31, 2023.
Mississippi Secretary of State. “Name Availability Guidelines.“ Accessed October 31, 2023.
