How to File a DBA in Massachusetts

Your business name is often the first impression you make on customers, and it plays a big role in your brand identity. In Massachusetts, like in other states, you have a few different options when it comes to legally naming your business. You can form a formal business entity, such as an LLC or corporation, and choose a legal business name, or you can use what’s known as a DBA (“Doing Business As”).

A DBA allows you to operate your business under a name that’s different from your legal name. It’s sometimes called an assumed business name or a fictitious business name, and it’s a great way to rebrand your business without having to change its legal name. 

Filing a DBA in Massachusetts is straightforward, but there are rules, steps, and costs to be aware of before you get started. In this article, we’ll walk you through what a DBA is, why you might want one, the requirements in Massachusetts, and the exact steps you’ll need to take to register.

What is a DBA (“Doing Business As”)?

A DBA in Massachusetts is essentially an alternative name for your business. It lets you operate your business under a name other than your own legal name (for sole proprietors) or other than your company’s legal name (for LLCs or corporations).

Filing a DBA doesn’t mean that you are creating a separate business entity. It just means that you are creating a new name for your existing business. All types of businesses in Massachusetts are eligible to file for a DBA, including sole proprietors, partnerships, LLCs, and corporations. 

Benefits of a DBA

In certain circumstances, a DBA can offer several benefits, including: 

• Flexibility without forming an LLC: If you’re a sole proprietor, you can operate under a business name without forming a more complex legal structure.
• Branding: You can market your company under a catchy, memorable name instead of your personal name. For example, “Jane Smith” can do business as “Smith’s Garden Designs.”
• Banking: Most banks require a DBA certificate before they’ll let you open a business checking account under your trade name.
• Multiple business lines: If you already have an LLC or corporation, you can use DBAs to run additional ventures without creating new entities.

Disadvantages of a DBA

While having a DBA can be beneficial for many Massachusetts businesses, DBAs do have a few limitations: 

• No liability protection: A DBA doesn’t shield your personal assets. If you’re a sole proprietor, you remain personally responsible for business debts or lawsuits. Only LLCs and corporations provide liability protection.
• Local registration only: Since Massachusetts DBAs are filed at the town/city level, you may need multiple registrations if you operate in more than one community.
• No exclusive rights: A DBA does not give you trademark protection. Other businesses in Massachusetts may use similar names.

Consequences of Operating Without a DBA

Massachusetts takes DBA compliance seriously. If you operate under an assumed name without first filing for a DBA, you can face some pretty stiff consequences: 

• You may be fined up to $300 per month.
• In some cases, there may even be the possibility of jail time for repeated violations.
• You could run into problems opening a bank account, signing contracts, or proving your business exists legally.

Given the fact that filing for a DBA in Massachusetts is relatively simple and affordable, operating under an assumed name without one is simply not worth the risk. 

Tax Considerations

It’s important to note that a DBA is not a business structure. This means that using a DBA will not change how your business is taxed. Sole proprietors with DBAs will still need to report business income on their personal tax return, and a corporation or LLC using a DBA will keep the same tax obligations as before.

It’s also important to note that you will need to use your legal business name when filing taxes, even if you have a DBA. 

Filing for a DBA in Massachusetts

Now that we’ve covered what a DBA is and why a business might want to use one, let’s go over how to actually file one in Massachusetts.

Unlike some states that require DBAs to be registered with a Secretary of State office, Massachusetts requires you to file at the local city or town clerk’s office where your business is located. This can complicate the process a bit at times, especially for businesses that operate in multiple cities. However, getting a DBA in Massachusetts is still relatively straightforward. 

Here are the steps to follow and important considerations to keep in mind: 

Name requirements

You have a lot of freedom when it comes to choosing a business name in Massachusetts, but there are a few naming requirements that you’ll have to follow: 

• No misleading designators: You cannot use terms like “LLC,” “Corp,” or “Inc.” unless you actually have that entity type. Likewise, you can’t use terms like “accounting” or “healthcare” unless your business actually offers these services. Your DBA doesn’t necessarily have to reflect your business’s services, but it can’t be a misleading reflection of them. 
• Avoid government words: Don’t use words like “FBI,” “Treasury,” or other terms that could mislead the public.
• Uniqueness: While Massachusetts does not have a statewide database, it’s best to choose a name that isn’t already widely used in your community. This will ensure that your branding is unique and will help you avoid confusing your customers. 

Begin with a Massachusetts Assumed Name Search

Before filing, you should check that your desired name is available by conducting a Massachusetts business entity search. Since Massachusetts does not have a statewide business name database, the best way to ensure that the name you want to use isn’t already being used by another business in your area is to contact your local city clerk. Many offices allow you to search existing DBA filings. You may also want to consider searching the U.S. Patent and Trademark Office (USPTO) to avoid potential trademark conflicts.

Steps to register your Massachusetts DBA

The process for registering a DBA in Massachusetts varies slightly from city to city, but the general steps look like this:

Step 1: Get the certificate form

Visit your local city or town clerk’s office (or their website), and ask for the Certificate of Business Name form, sometimes called a “Business Certificate”. 

Step 2: Complete the application

To complete the  Certificate of Business Name form, you’ll need to provide the following information: 

• Your full legal name and address
• The business name (your DBA)
• The business address
• The type of business activity
• Your signature (and partner’s, if applicable)

Step 3: File the form and pay the fee

Submit the completed application with the required filing fee. Fees typically range from $30 to $65, depending on the city where you are filing. 

Step 4: Renewal

In Massachusetts, DBAs must be renewed every four years. You’ll need to re-file and pay the renewal fee before the certificate expires.

Filing online vs. by mail

Most Massachusetts cities and towns allow DBA filings in person, and many also allow online or mail-in filing. The process depends on the municipality:

• Online Filing: Some cities (like Boston) let you file online. You’ll fill out the application and pay the fee electronically.
• By Mail: If filing by mail, you’ll need to send your completed form along with a check or money order to the clerk’s office.
• In Person: This is the most common method. You can visit your local clerk’s office, fill out the form, and pay the fee on the spot.

Always confirm with your city or town clerk’s office for the exact details and payment instructions.

Conclusion

Filing for a DBA in Massachusetts is a simple, low-cost way to operate under a business name that reflects your brand and vision. It doesn’t create a separate legal entity, nor does it provide liability protection. However, it does help you stay compliant, open a business bank account, and market your services under a professional name.

If you’re still in the early stages of building your business, it’s worth learning how to start an LLC in Massachusetts first. Forming an LLC gives you legal protection and credibility, and once established, you can file a DBA to expand your brand or operate under multiple names.

Whether you’re starting as a sole proprietor or expanding your LLC or corporation into a new line of business, filing a DBA can be an excellent way to strengthen your brand presence in Massachusetts.

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