When an entrepreneur decides it is time to start a new business, exploring the various business structures available is usually the first step taken. Unfortunately, most discover there is much confusion related to the differences in the DBA vs. LLC option.
One of the most common questions we are asked as advisors to business owners is “what is the difference between a DBA and an LLC?” The short answer is “an awful lot!” The long answer to the DBA vs LLC question is spelled out here and will hopefully serve as a guide when making the important decision about the business entity structure for your new business.
This post will cover:
- DBA is an acronym for Doing Business As
- LLC is an acronym for Limited Liability Company
- The Differences in business income taxation between a DBA and an LLC
- Why use a DBA
- Similarities and Differences when considering the DBA vs LLC
DBA Definition
DBA is simply an acronym for “doing business as.” It is sometimes referred to as a trade name, fictitious business name, or assumed business name. A DBA allows a business to operate under a name that is different from its legal name. For example, if John Smith wants to operate his cleaning business as ABC Cleaning, he will need to file for a DBA. In most states, DBAs are filed at the county level where the business is located.
LLC Definition
A limited liability company, or LLC, means that a business is operating as a distinct and separate legal entity from its owners. While LLCs require more formalities than a DBA, they have fewer restrictions than corporations.
An LLC must be managed by members or a manager. Members are the owners of the company, while a manager, may or may not be a member. The LLC structure also includes more tax flexibility, as the LLC can choose to be taxed as a sole proprietor, partnership, or corporation.
To form an LLC, business owners must file articles of organization at the state level and adopt a Member(s) Operating Agreement.
What does a DBA Intend to Accomplish for a Business Owner?
Filing a DBA allows business owners to use a name other than their legal name to operate their business. Filing for a fictitious name can be beneficial to the business as it may help in the development of a recognizable brand presence with a descriptive and creative business name.
A DBA also allows the business owner to open a business bank account and receive payments in the name of the business, without the need to incorporate or form an Limited Liability Company (LLC).
How is an LLC Similar to a DBA?
Both LLCs and DBAs allow business owners to name their business something other than their own legal name. Both structures also allow owners to perform banking under their business’ name instead of their personal name.
How is an LLC Unlike a DBA?
The biggest difference between a DBA and an LLC is liability protection. Under a DBA, there is no distinction between the business owner and the business. The business owner is liable for all expenses incurred on behalf of the business. On the other hand, an LLC provides limited liability protection. The business owners’ personal property remains completely separate from the business.
In addition, a DBA does not provide any tax benefits. As an LLC, owners can choose a corporate structure such as an S-corporation that receives special tax treatment.
And last, but not least, in most states where you form an LLC, there is a requirement to file an annual report and in certain circumstances pay an annual fee. Fictitious name certifications, which provide you with the right to use a DBA typically has a one-time filing and fee in most states.
Is it Ever Appropriate to Create an LLC for a DBA?
An LLC can benefit from the ease of DBA filing when the company wants to expand into new products or services. If John Smith’s cleaning company were ABC Cleaning, LLC and he decided he wanted to expand into selling cleaning supplies online, he could file a DBA for his new project “ABCCleaningSupplies.com” that would be protected under the original LLC. A DBA allows an LLC to broaden its offerings without creating a new LLC or corporation for each division.
Understand the differences between an LLC and a DBA, and how to decide when a DBA makes the most sense.
Holly Magister
Holly also founded ExitPromise.com and to date has answered more than 2,000 questions asked by business owners about starting, growing and selling a business.
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Hi, I already filed my LLC for my cleaning business. Do I need to form a DBA? How do I if so?
Hi Yasmine,
If you’ve filed for a Limited Liability Company, you’ve got an official, legal name for your business.
If you don’t want to use that official, legal name for marketing and branding purposes and you want to use a different name, then you will need to file for a fictitious name (or a DBA).
Filing for a DBA is a separate process and application you make at the state level and in certain cases at the local government level too. It varies based on where your business is located.
Hope this helps a bit…
All the best to you.
Can you start out as a DBA and then change to an LLC
Hi Dina,
If you do not form a business entity and file yourself, as an individual, for a fictitious name (aka a DBA), the answer is yes.
When you form the Limited Liability Company, you’d contribute the assets and liabilities associated with your sole proprietorship/DBA to the newly-formed business.
Your new LLC would have to file for your former DBA (which was associated with you individually) or may want to formally assume the DBA name. Of course, you’d have to cancel your fictitious name when you form the new LLC.
All the best…
I am still confused. At one point I believe it says a DBA is not protected under the LLC then I am reading it is protected? Please clarify. Thank you
Hi Fiana,
I think we can clarify this for you…
If you have a business entity that files for a fictitious name, the DBA Certificate issued to the business entity will allow the line of business operating under the fictitious name to be ‘protected’ under the business entity — because it is part of the business entity.
If on the other hand, you have a sole proprietorship and you file for a fictitious name (DBA Certificate), the DBA offers you as the individual no form of legal protection.
All the best…
Hello,
I have an LLC for my DJ company but now want to brand it under a completely different name. I’d like the DJ business to still have the LLC protections so I went to apply for a Fictitious Name. The form is asking, “Enter the individuals who will be named as Owners for your Fictitious Business. If any Entity other than an individual, is interested in such business, please skip this section.” Am to skip this step and instead put my LLC’s info where it asks if an Entity is the Owner? Thanks so much!
Hi Jessica,
Yes, you should not include your individual name and instead include your LLC’s official, legal name as the applicant for the fictitious name.
That said, if you do not want your LLC’s official, legal name any longer, you may want to consider simply changing the legal name. Most states offer this option.
You will need to amend your other legal documents and likely need to advertise the new name in legal journal and/or a local paper.
Something to consider…
All the best to you.
I have an llc but want to do business under a different name, so thinking about a dba…but will the dba have the same protection if under my llc umbrella?
Hi Chris,
When you choose to file for a fictitious name for your LLC to Do Business As (or under) a name which differs from the LLC’s official name, your LLC retains the same protections.
That said, if you don’t intend to use the original, official name for your LLC, you may want to consider simply changing the name of your LLC to the different name. Most states offer this option and have a form to file to accomplish this.
All the best to you Chris…