How to File a DBA in Indiana

An essential step in forming a new business is choosing a business name. However, many companies have a legal name that differs from the name used in marketing to the public, and others use different names when marketing to various market segments.

Companies that operate under more than one name or use a name different from their legal name in Indiana should generally file a “Doing Business As” (DBA) form. Filing for a DBA in Indiana is inexpensive and straightforward. Yet, it is a critical step, so you must complete each step correctly, which will help avoid future difficulties or legal challenges.

If you need to file a DBA in Indiana, the following provides step-by-step instructions and considerations to keep in mind along the way.

What is a DBA (“Doing Business As”)

A DBA (sometimes called an “assumed name” or “fictitious name”) allows a business to use a name that differs from its legal business name. At a practical level, a DBA enables a company to market itself, open a bank account, issue invoices, and conduct many other business activities using the DBA name, all while keeping its legal business name for different purposes.

Some states apply the same DBA process regardless of the business type. However, in Indiana, sole proprietorships and partnerships register their DBAs in the county where they operate, while LLCs and corporations register their DBAs with the state. The difference means the registration processes vary based on your business type, which we cover later in this article.

Benefits of a DBA

Why would anyone want to go through the hassle of using separate legal and DBA names? There are multiple reasons. First, you are legally required to obtain a DBA if you operate a business using a name other than your legal name. Obtaining a DBA also allows you to open a bank account using the DBA name. Second, having a DBA can appear more professional than using your personal or another business name. In many instances, suppliers and customers may not consider your business to be on solid ground if you use your personal name and checks to conduct business.

Third, using a DBA is often helpful for marketing purposes. Business legal names can be complex and include specialized jargon. “Mifflehouse and Yang LLC” does not slip off the tongue as easily as a consumer-friendly name like “Bob’s Burgers.” At other times, companies expand into different lines of business, and the original legal name, or their first DBA, may not accurately reflect the new product. So, Mifflehouse and Yang might register the DBA “Vegetarian Delight” when they develop a meatless restaurant.

Some companies incorporate the location name into their DBAs for branding purposes, a tactic often seen with auto dealerships, although Bob’s Burgers of Liberty City and Bob’s Burgers of Maple Grove might also work.

An additional benefit of using DBAs is that you can operate under multiple business names without needing to change your business structure. You don’t need a new corporation, LLC, or partnership for each DBA, since all of them can operate under the same umbrella. You can also obtain DBAs if you operate as a sole proprietorship or a partnership.

Disadvantages of a DBA

Businesses in Indiana must have a separate DBA for each name that they use, so you’ll need to complete the application process fee for each DBA. However, obtaining a DBA is straightforward and inexpensive, so it is not a significant disadvantage.

At times, using multiple DBAs can confuse customers and suppliers, and complicate your marketing efforts. However, the advantages generally outweigh these limitations.

While not necessarily a disadvantage of a DBA, you should understand that a DBA is merely a business alias, not a separate business entity. Therefore, it does not provide the liability protection that comes with forming an LLC or corporation. If you need liability protection, you should create the appropriate business entity, which is a separate issue from your DBA.

Tax considerations

Just as obtaining a DBA does not provide liability protection, it also does not have any tax implications. How you or your company are taxed depends on your business entity, so you may need to form an LLC or a specific type of corporation to optimize your tax situation.

Filing for a DBA in Indiana

Indiana has 93 different processes for filing for a DBA. LLCs and corporations must file for a DBA through the Indiana Secretary of State, while sole proprietorships and partnerships file for DBAs in whichever of the 92 Indiana counties in which their business resides. Of course, the processes should be similar regardless of where you file, so we will provide detailed instructions for filing at the state level and mention the key differences when applying for a DBA at the county level.

If you need to file at the county level, contact your county clerk for information about their DBA requirements and processes.

Name requirements

It is essential to select an appropriate name before submitting your DBA, regardless of where you file. Indiana counties may not verify the name you choose for your DBA, but failing to follow the state-level processes can result in negative consequences down the road. Therefore, we recommend following the state name search process regardless of where you file.

Indiana restricts DBAs in several ways.

• Entity Designators: Your DBA name cannot contain terms such as LLC, LLP, or Corporation if your entity takes a different form.
• Restricted Words: Your DBA name cannot include terms that suggest it is a government unit, such as FBI or State Department, or terms approved by licensing boards, such as Engineer or Trust.
• Unique Name. Your DBA name should not be the same or similar to an existing DBA. For example, choosing “Bob’s Burgers” may be appropriate, whereas “McDonald’s” is not, since an existing company holds that trademark. You should search the Indiana Secretary of State’s database to confirm your desired DBA name is unique.

Begin with Indiana Assumed Name Search

Perform an Indiana business entity search using the Indiana Secretary of State’s Business Entity Name Search tool to determine if the name or a similar one is already in use. Registering a unique name helps avoid future trademark disputes, legal challenges, and confusion caused by an overlapping name.

Steps to register your Indiana DBA

Registering your DBA is straightforward, but it will go more smoothly if you check your desired name and gather the necessary information in advance.

Step 1: Prepare your information

Confirm that you have the necessary information to complete the registration form. Regardless of whether you register at the state or county level, you will need to provide your legal business name, the desired DBA, your business address, the names and contact information of the owners, and the type of business.

Step 2: File the registration form

After confirming the availability of your DBA, create or log in to your InBiz account. Click Online Services. Find the Secretary of State section and scroll to Assumed Name Filing. Then, follow the prompts and complete the appropriate fields.

Step 3: Pay the filing fee

After submitting the form, you’ll pay a $30 filing fee (plus a small credit card processing charge). Of course, the fee may vary when filing at the county level.

Once you pay the fee, your DBA never expires. However, if your business ends or you stop using the DBA name, you should file Indiana Form 55339 (Cancellation of Assumed Business Name) to terminate the DBA.

Step 4: Acquire a business license

The State of Indiana does not require general business licenses; however, certain professions and industries are subject to specific licensing requirements. Some counties may require a business license to obtain a DBA name, so check with your county clerk for more information.

Filing online versus by mail

Indiana does not allow DBAs to be filed by mail. Filing online is the only option for LLCs and corporations. Individual counties may have different processes.

Conclusion

Indiana requires a DBA when you operate a business using a name other than your legal business name. For businesses forming a legal entity, understanding how to start an LLC in Indiana can help clarify when your entity name must be used and when a DBA is appropriate. There are other benefits to acquiring a DBA, including the ability to obtain a bank account under that name. Filing for a DBA is a relatively inexpensive and straightforward process that can be accomplished online or at your county clerk’s office. Ultimately, there are few reasons not to obtain a DBA, and you gain numerous benefits from acquiring one. Obtaining a DBA is almost always good business.

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