How does a dba work

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  #1  
Old 09-16-08, 03:59 AM
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How does a dba work

How does a dba work, is it only good in the state and county that it is registered in?
 
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Old 09-16-08, 09:13 AM
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As long as you pay all your taxes it works fine--if you are talking about protecting your Co, name---it is protected
in the state ( only ) that you are registered in. If you do not
reregister as required--some-one-else can grab your name.
take care........................
The IRS calls it " A Sole Proprietorship"
 
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Old 09-16-08, 10:18 PM
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Dba “Doing Business As” is simply a fictitious business name filing. It's the equivalent of a nickname or “tradename” for your business. Generally you must re-file with the county every few years. It is not a legal entry. It's the nickname for a legal entity.


Hi, I'm with KNP. KNP is a dba of ABC Corp. KNP is the number one source of widgets in th USA.
 
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Old 09-16-08, 11:17 PM
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Does KNP have employees?
Does it pay salaries?
Does it sell a product?
If so--it is a business (DBA) iT IS NOT FICTION................
The IRS would consider this a legal business--subject to Fed, State & Local taxes-
unless a DBA under a Corp. has some special thing-that is different than a DBA under
an individual......................................
There is a reason they call it "DOING BUSINESS AS"
 

Last edited by j HOWARD; 09-16-08 at 11:58 PM.
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Old 09-17-08, 06:22 AM
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No, to have employees, pay salaries. Yes to being able to sell products under the fictitious business name. It is not NOT a legal enity. It is a business that has registered to use a particular fictitious business name. ABC Corp has employees and pays salaries, and does business as NRP. NRP is a tradename or nickname.

A dba is similar to anyone registering their nickname. You're required to register your nickname (a first come first serve basis and use) becuase if there were too many people using Joe Blow as a nickname it would be confusing, and besides they want to know how to lay their hands one you. Becuase you use Joe Blow instead of your real name doesn't mean that Joe Blow pays taxes also. If that's the case, there are many people that owe the IRS a lot of money.

Typically a dba expires in five years or when you move. You must re-reigister before it expires or when you move.

You can argue till the cows come home, but you're wrong.
 
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Old 09-17-08, 11:14 AM
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You are correct in what you say.................
Many years ago--when I started a business -I had to file as
a DBA. I was not a Corp. or partnership,etc.
The IRS classified me as a Sole Proprietorship--subject to all
the nasties--it didn't take me long to INC. when I found that
after expenses I was taxable on the full profit of the business
as an individual..
 
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Old 09-17-08, 03:15 PM
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I think the distinction you two are making is in what is dba - is it A1 Corp. dba Top Company or is Tom Johnson dba Johnson Enterprises? A1 is already an established company, Tom Johnson may not yet realize he made himself a company. Either way, there is one, but it is not the dba, it's the original company.
 
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Old 09-17-08, 05:32 PM
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My confusion came because when they made me file DBA papers(56 years ago)--I used the exact same name for my business as I placed on the papers.
People ask me " how can you stand to be retired 10 years"
I always say " how can you stand to still be working"--
 
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Old 01-29-09, 09:17 AM
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DBA use for credit

Hi Everyone,

I was reading this thread and trying to figure out the answer to a question I had about DBA's.

If you can help me understand this, that would be great!

I established a DBA last summer with a partner to potentially do some business together. The business never got up off the ground. This year we decided to go separate ways.

If the DBA is still in place, can it be used by the other partner to open up any credit or sign any contracts without the knowledge of the other partner(me)?

My concern: An unused DBA being used without the knowledge of one partner to their detriment.

Any advice would be helpful. I understand that it is a nick-name for a business...I'm just curious as to how much weight it carries.

Thank You,
Outsider2 - Brad
 
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Old 01-29-09, 10:10 AM
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If the dba was set up as a corporation, it can be dissolved through the Secretay of State's office or Division of Corporations and Commercial Code. Each state is different. Most states require that you file Articles of Dissolution or Certificate of Dissolution. You should be able to find your state's Secretary of State website. Most will have instructions for cancellation. You should be able to cancel in person or via mail or fax. Typically, dba's require the signature of all members (co-partners) of the business and they have to be notorized.

If it was a General Partnership, terms of the partnership and any dissolution should have been stated in the partnership agreement. Partnerships require only one signature to dissolve. The signature needs to be notarized.

Your local county records clerk needs to record the dissolution. You will need to provide a copy of the dba or copartnership agreement and a copy of the dissolulution form.

If you got an EIN number, you will have to contact the IRS. If you got a state tax ID number, you will need to contact the state.

You can contact the office where you first applied for the dba and ask for forms to dissolve the dba.

DBA Fictitious Business Name
 
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Old 02-08-09, 11:18 AM
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Thank you Twelvepole...

That helps me understand where we are with it. I plan to speak to both my partner and the state to figure out how to make sure we dissolve correctly.

I appreciate your help
 
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