When a business expands into new U.S. states, legal and compliance requirements often extend beyond registration and tax filings. One commonly overlooked requirement is obtaining a Doing Business As (DBA) name, also known as a fictitious business name, assumed name, or trade name, depending on the state.
A DBA allows a business to operate under a name different from its legal entity name while maintaining compliance with state and local regulations. Understanding when and how to obtain a DBA is critical for businesses operating across multiple states.
What Is a DBA?
A DBA (Doing Business As) is a registered name that a business uses publicly, which is different from its legal name as recorded with the state.
For example:
- Legal entity name: Trusty Accounts LLC
- Operating name: Trusty Tax Solutions
In this case, Trusty Tax Solutions is the DBA.
A DBA does not create a new legal entity. Instead, it links the trade name to the existing business entity for legal, tax, and banking purposes.
When Is a DBA Required?
A DBA is generally required when:
- A business operates under a name that does not include the full legal name of the entity
- A business expands into another state using a different brand name
- A company wants to operate multiple brands under one legal entity
- Banks or payment processors require proof of name registration
Each state has its own rules, and DBA requirements can apply at the state, county, or city level.
DBA Requirements When Expanding to New States
When a business expands beyond its home state, DBA obligations often arise in conjunction with foreign qualification.
1. Foreign Qualification Comes First
Before registering a DBA, most states require the business to:
- Register as a foreign entity
- Obtain a Certificate of Authority from the Secretary of State
Only after foreign qualification can a DBA typically be filed.
Where DBA Filings Are Made
DBA filings vary by jurisdiction:
- State-level filing (e.g., California, Texas)
- County-level filing (e.g., New York counties)
- City-level filing (in limited cases)
Businesses must verify the correct filing authority in each state where they operate.
Step-by-Step Process to Obtain a DBA in a New State
Step 1: Confirm DBA Availability
Most states require a name availability check to ensure:
- The DBA is not misleading
- The name does not conflict with existing registered names
Some states restrict DBAs that imply regulated activities (e.g., “bank,” “insurance”).
Step 2: Foreign Entity Registration
If not already completed:
- File foreign registration documents
- Appoint a registered agent
- Pay applicable state fees
Step 3: File DBA Application
Submit the DBA filing with:
- Legal entity name
- DBA name
- Business address
- State of formation
- Authorized signer details
Step 4: Publication Requirement (If Applicable)
Certain states require public notice:
- Publication in approved newspapers
- Specific timeframes (e.g., once per week for several weeks)
- Proof of publication submission
Example:
- New York requires publication in two newspapers for six consecutive weeks.
Step 5: Update Business Records
After approval:
- Update bank accounts
- Notify vendors and customers
- Align contracts and invoices with the DBA name
Example: Multi-State DBA Registration
Scenario:
An LLC formed in Delaware expands operations to California and New York using a brand name different from its legal entity name.
Required actions:
- Register as a foreign LLC in California and New York
-
File DBA at:
- State level in California
- County level in New York
- Complete newspaper publication in New York
- Update business licenses and bank records
Failure to register DBAs correctly can result in penalties, rejected contracts, or banking issues.
Common DBA Compliance Mistakes
Businesses often encounter issues such as:
- Using a DBA before registration approval
- Missing publication deadlines
- Filing DBAs without foreign qualification
- Assuming one DBA covers all states
- Failing to renew DBAs on time
Most DBAs require renewal every 1–5 years, depending on state law.
Tax Impact of a DBA
A DBA does not change:
- Federal tax classification
- EIN usage
- Filing forms (e.g., Form 1120, 1065)
However:
- Sales tax registrations may need updating
- State and local tax accounts must reflect the DBA
- Payroll and withholding registrations may require amendments
Ongoing DBA Compliance
Once registered, businesses must:
- Renew DBAs on time
- Update DBAs when addresses or ownership changes
- Maintain consistency across legal, tax, and operational records
Non-compliance can result in:
- Fines
- Loss of legal standing
- Contract enforceability issues
How Trusty Accounts Supports DBA Compliance
Trusty Accounts assists businesses with:
- Multi-state DBA registrations
- Foreign entity filings
- Publication compliance
- Renewal tracking
- Alignment with tax and reporting obligations
Accurate DBA registration ensures businesses operate legally while expanding across U.S. states.