You've worked hard to start a business, but now it's time to make some decisions. How you legally form your business, and the name you choose to operate under, may have long-term legal and financial implications for your company. So, to help you get started on the right foot, we've tackled one of the most commonly asked questions by young and first-time entrepreneurs — should I form an LLC or DBA for my small business?
If you are grappling with this or a similar question, the small business experts at Swyft Filings may be able to help. In this blog, we break down the differences between an LLC and DBA so that when it's time for you to make this important decision, you'll have all the facts.
A limited liability company (LLC) is one of the most popular ways for small business owners to structure their company. This is because LLCs offer liability protection for owners, separating your company's assets from your personal finances in case of a lawsuit. It also may provide tax advantages for the owner because of the pass-through taxation options. After forming an LLC, your business will need to operate under the registered name of the LLC.
DBA is an acronym for "doing business as." Most states require you to file a DBA if your business name is different from your personal legal name or the name of your LLC. In the United States, these assumed business names are required, in part, to help others know the real name of the business owner. They also help prevent dishonest business owners from repeatedly changing their business name to avoid legal trouble.
Forming an LLC has many benefits for the small business owner. This type of business entity helps limit owners' personal liability exposure and provides several tax benefits. Other key benefits of an LLC include:
Easy to set up
Pass-Through Taxation options
Flexibility in owners and partnerships
Ability to do profit distributions
Option to accept investors
Conducting business under a DBA is an excellent way to brand your business or protect your anonymity as a small business owner. Other key benefits of a DBA include:
Costs less compared to an LLC
Added privacy protection
Ability to set up a business bank account with a DBA name
Versatility for marketing and branding
Less paperwork to file
An LLC and a DBA will each allow a business owner to operate under their registered business name instead of their own legal name. Both will also allow you to set up banking for your business under the company's name.
The main difference between an LLC and a DBA is liability protection. If you are operating with just a DBA, you will have no legal protection in case of a lawsuit because, legally, there is no distinction between you and your business. On the other hand, forming an LLC offers limited liability protection, which will legally separate the company's assets and liabilities from your own.
There are also important tax implications depending on which you choose. LLCs offer owners the ability to take advantage of pass-through taxation and take profit distributions in addition to a reasonable salary, all of which may help owners lower their taxes.
Ultimately, what you decide to do for your small business will depend on many different factors. Below are some common considerations you may want to review before deciding.
Whether you choose a DBA or LLC, there will be some fees to consider. These costs vary by state, but generally, DBAs are less expensive to form and require fewer ongoing fees, such as renewal fees, filing fees, and taxes.
If you want to keep your personal assets separate, then an LLC is your only option. DBA's will not protect you and your personal property in case of a lawsuit.
The popularity of forming an LLC is largely because of the tax benefits it offers. Owners can save big money each year with an LLC, and you can decide whether your business will be taxed as a sole proprietorship, partnership, S corporation, or corporation.
Often an LLC will require more paperwork, as most states require annual filings. If you are a sole proprietorship looking to avoid any more forms, then a DBA may help save you time.
In some instances, it may be appropriate to use both simultaneously. An LLC operating multiple businesses or websites may use a DBA to conduct business. However, an LLC is not required to form a DBA.
Before making your LLC official, there are a few steps you must follow, including:
Choose your name
Select a registered agent
Fill out an LLC Operating Agreement
File paperwork in the state where you do business
Receive an EIN
Obtain a Certificate from your state
DBA requirements may vary depending on the city, county, and state you operate in. Be sure to check with your local jurisdiction before registering. Steps to register for a DBA may include the following:
Choose your name
Fill out the necessary forms
File your paperwork
Publish a notice to create a public record of the filing
No matter what you decide, Swyft Filings can help save you time and money on the process. Our easy online registration process for LLCs and DBAs has a fast turnaround time and is supported by our knowledgeable customer support team. Every one of our customers is assigned a personal Business Specialist, and you have their direct phone number and email to help answer your questions. Let us handle your business filings while you focus on growing your business.
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You can form a corporation or LLC with our help for as little as $0, plus state filing fees for incorporation. Filing fees vary depending on the state you incorporate in. For more information on specific states, check out our state guides on the Swyft Resource Center. You can also email us with specific questions or contact us at 877-777-0450.
Swyft Filings accepts payment through Visa, MasterCard, American Express, PayPal, checks, and money orders. You can send any questions about payment to our email address or contact us at 877-777-0450.
It depends on what you ordered. If all you did was file your corporation or LLC, the price you paid when ordering is all you pay. You will have no further fees after that.
However, if you signed up for the Swyft Filings Registered Agent Service, you will be charged its initial fee three days after you place your order. From then on, you will be charged according to the terms of your subscription until you change your registered agent with the state or dissolve your company. If you change your agent or dissolve your company on your own, let us know so we can discontinue billing.
Other potential subscription-based options include SnapMailbox, 360 Legal Forms, and ComplianceGuard. If you opt for SnapMailbox or 360 Legal Forms, you will be charged a monthly fee after their respective 30-day free trials end. ComplianceGuard has an annual fee after a 14-day free trial. All three of these services are completely optional.
Our team processes all Standard orders on a first come, first served basis. If you opt for Express or Same-Day Processing, we prioritize your order and send it to the front of the line. However, no matter how fast we get it out the door, you’ll still have to wait for your state to address your filing.
Each and every one of our customers is assigned a personal Business Specialist. You have their direct phone number and email. Have questions? Just call your personal Business Specialist. No need to wait in a pool of phone calls.
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