How to Get a New Hampshire DBA Name

If you’re an entrepreneur in New Hampshire and you want to do business under a different name than your legal business name, you’ll likely need a DBA or “doing business as” name. Also known as a fictitious name, assumed name, or trade name, a DBA lets you run a company under a different identity without forming a new business entity.

DBA in New Hampshire: Key Takeaways

• A DBA (“doing business as”) is not a legal business structure but rather a name under which a business operates. It has no legal protections or effect on how the business is taxed.

• To get a DBA in New Hampshire, you’ll need to search for name availability, file a fictitious business statement, and then register the name with the New Hampshire Department of State.

• Simply registering a DBA doesn’t give you trademark rights to the name. If you want exclusive rights, you’ll need to register a trademark.

What Is a DBA?

DBA stands for “doing business as,” and it’s also known as an assumed name or fictitious business name. With a DBA, you conduct business under a name different from your legal business name.

Now, let’s clear up a misconception: a DBA is not a business structure like an LLC (limited liability company) or a corporation. Think of it more as an alias for your business. It doesn’t provide legal protection for your personal assets or change how your business is taxed.

So, why would you want a DBA? Imagine you own a bakery called “Jane’s Sweets LLC,” but you want to expand into catering. You could file a DBA for “Jane’s Event Catering” without creating a new business entity. You also diversify your services while keeping your accounting and legal work simple and largely unaltered.

How to File a DBA in New Hampshire

This guide aims to simplify each step for those looking to secure a DBA in New Hampshire. The focus here is clarity and accuracy, offering a straightforward path to successfully filing a DBA.

1. Do a DBA Name Search

Before diving into the paperwork, make sure the DBA name you have in mind is free to take. You don’t want to waste time and effort on a name that’s already taken. Fortunately, you can use the free business name search tool below or check out New Hampshire’s business name search resource.

There are some misconceptions worth clearing up before you move beyond picking the name. First, multiple businesses can’t operate under the same DBA name in New Hampshire. Second, just because you’ve secured a DBA name doesn’t mean you’ve also secured trademark protection. A DBA name won’t give you that kind of legal cover.

2. File a Fictitious Business Name Statement

After confirming your DBA name is available, filing a fictitious business name statement is next. This document serves as a public declaration of the name under which you’ll be doing business. You’ll typically file this statement with the county clerk’s office.

It’s worth noting that not every state mandates this step. In New Hampshire, it’s not a strict requirement, but it is still a good practice. Filing this statement adds an extra layer of legitimacy to your DBA and can help avoid legal complications down the line.

3. File Your DBA With the County Clerk’s Office

After you’ve prepared your fictitious business name statement, it’s time to make your DBA official. Instead of heading to a county clerk’s office, you’ll deal with the New Hampshire Department of State (New Hampshire Secretary of State).

You have two options for filing: either use the NH QuickStart website for online submissions or mail in the Application for Registration of Trade Name.[1]

The application will ask for details such as the trade name you plan to use, a short description of your business activities, your business address, and your business’s start date.

Here’s where you can find the Department of State or send your application:

• Office Address: State House Annex, 3rd Floor, Room 317, 25 Capitol St, Concord, NH

• Mailing Address: Corporation Division, NH Dept. of State, 107 N Main St, Room 204, Concord, NH 03301-4989

• Contact Number: 603-271-3246

4.Follow Up

In New Hampshire, a DBA name expires every five years. You’ll need to renew it before that period ends to keep it active. 

Head back to the county clerk’s office where you first registered and fill out a renewal form. The cost of renewing your DBA in New Hampshire is $50.

You'll also need to update your DBA paperwork if there are any changes to your business details, like a new address. This usually involves filing an amendment, which may have a separate fee.

By keeping track of that five-year expiration date and staying current with a $50 renewal fee, you can keep your DBA in good standing and avoid any legal issues. 

New Hampshire DBA Name Restrictions

When choosing a DBA name in New Hampshire, there are a few guidelines and limitations to remember. 

First, a DBA is not a formal business structure like an LLC or a corporation. It's a name you're doing business under, not a legal entity.

Another key point is that having a DBA name doesn't grant you trademark protection. To protect your business name, you'll need to go through the separate process of registering a trademark.

As for New Hampshire-specific rules, the state doesn’t allow the use of certain words in a DBA name that could confuse your business with a government agency. Words like “Federal,” “United States,” “National,” or “New Hampshire” are generally restricted. Also, the name shouldn’t imply that the business is a different entity type, like an LLC or a corporation, when it’s not.

DBA New Hampshire Tax Considerations

A New Hampshire trade name has no impact on business status. Having a DBA in New Hampshire doesn’t change your tax status. In fact, it is completely independent of it. A DBA is just a name, not a separate legal entity.

Your tax obligations will depend on your actual business structure, such as whether you’re a sole proprietor, a general partnership, or some other type of business. Your LLC or partnership will retail its original tax identification and be treated as the same entity it’s always been before you registered a new assumed name.

New Hampshire has no state sales tax or income tax on earned income, which is a plus for business owners. However, businesses might be subject to other types of state-level taxes, like the Business Profits Tax (BPT) and the Business Enterprise Tax (BET).

On the federal level, having a DBA doesn’t affect your tax ID status or Employer Identification Number (EIN) either. You’ll still report your business income and expenses on your personal tax return if you’re doing business as a sole proprietorship or on a separate business tax return if you’re another business entity.

Why Should You Get a DBA?

Why should you go for a DBA? There are several compelling reasons. Here is a lowdown and a detailed look into each:

Financial flexibility

While it may not be immediately obvious, a DBA name gives you financial flexibility. With a DBA, you can open a business bank account separate from your personal one. This makes it easier to manage business finances and adds a layer of professionalism when clients write checks to a business name rather than your own name.

Branding

Branding is one of the primary reasons for pursuing a DBA name. A DBA allows you to operate under a name that reflects your business identity, not just your legal name. This can be a game-changer for marketing and customer recognition.

Privacy Protection

A DBA can mean more privacy. Operating under a DBA can offer a layer of anonymity that’s almost a necessity for those who operate as sole proprietors. Instead of having your own name plastered on business documents, websites, or storefronts, you can use your business name.

Business Growth

If you plan to expand into different markets or services, a DBA lets you do this under a new name without creating a whole new legal entity.

Cost-Efficiency 

A DBA is simple and cost-effective. Filing for a DBA is a walk in the park compared to setting up a limited liability company or a corporation. It’s less paperwork, hassle, and money out of your pocket.

FAQs

What’s the difference between an LLC and a DBA?

An LLC is a legal business structure that offers personal asset protection and has its own tax implications. A DBA, on the other hand, is just a name under which a business operates. It doesn’t offer asset protection or change how your company pays taxes.

How much does getting a DBA cost?

The cost varies by county in many states. In New Hampshire, you can expect to pay a state fee of $50 to the Secretary of State. Additional costs may apply, including publishing the DBA name in a local newspaper.

Do I need a DBA for my New Hampshire business?

Not necessarily. A DBA is optional and is usually used when the business wants to operate under a name different from its legal name.

What’s the difference between a trade name, an assumed name, and a DBA name?

These terms are often interchangeable. Generally, a trade name is any name the business trades under. An assumed name and a DBA (“doing business as”) are names that are different from the business's legal name.

How long does a DBA last?

In New Hampshire, a DBA lasts five years after the initial approval and must be renewed.

Is there a limit to the number of DBA names I can have?

On the surface, there’s no set limit on how many DBA names you can register. However, each name will require its own separate filing and fee.

Is a DBA the same as a trademark?

No, a DBA usually can’t give you any trademark protection. If you want to protect your business name, you’ll need to register it as a trademark separately.

Does a DBA affect my business’s tax status?

A DBA won’t change how your business is taxed or any elements related to your status at the IRS. Taxes are determined by your business structure, not your business name.

Bibliography

1. New Hampshire Department of State. “Trade Name Forms and Laws.” Accessed November 2, 2023.