How to File a DBA in Mississippi

Your business name is an integral part of your brand. It helps potential customers differentiate you from the competition. It tells people who you are and what they can expect from you. You’ll use it on your business cards, products, website, social media platforms, and more. You’ll want to do careful research before selecting a name to ensure that it’s attractive to your target audience, easy to remember, and an accurate representation of your business.

Even so, there are instances when your current business name isn’t enough. Perhaps you’ve expanded your product line and your original name is too narrow. Maybe you own a sole proprietorship and want to transition from using your name to using a business name. In these and other cases, using a DBA could be your best bet.   

What is a DBA?

DBA stands for “doing business as”. It’s not the legal name for your business, but you use it as a trading name to represent yourself when you’re engaging with business partners and the public. Any type of business can use a DBA, including a sole proprietorship, limited liability company (LLC), or corporation. 

Mississippi state law doesn’t require you to register your assumed business name before you use it. Furthermore, you don’t need an EIN to use a DBA if your business is a sole proprietorship or an LLC without employees. All you have to do is decide on a name that you want to use and start using it. You can put it on your website, use it on social media, and print it on your products. You can change it anytime you like, although it’s best to avoid doing so. Frequent changes to your business name can confuse customers and make your business look shady and unprofessional.

Benefits of a DBA

Using a DBA is one of the simplest ways to expand your business without setting up a new business entity. For instance, you could add the name of your city in front of your business name to appeal to local customers. Doing so can also improve your local SEO as Google connects your company to a local area and shows your business information in local searches.

Another strategy many business owners use is adding product names to the end of the business name to show the business has new offerings. For example, if you run a restaurant called “Ben’s Best Burgers,” you could use the DBA “Ben’s Best Catering” to expand into the catering industry. This connects your new products/services to an existing business that customers already know and trust.

A DBA also enables sole proprietors to do business under a commercial name rather than their legal name. This is important if your brand is built around your products/services rather than your persona. For example, if John Smith starts a landscaping company, he would likely prefer to be known as “Smith Landscaping” than “John Smith.” In such an instance, registering the DBA with the state is a wise idea, as it shows the business is authentic and helps you avoid accusations of deceptive trade practices.

Disadvantages of a DBA

There are several downsides of a DBA. One is that people may confuse your brand with another. This is especially true since Mississippi law doesn’t require that a DBA in Mississippi be completely different from another company’s DBA or even legal name. 

Furthermore, since a DBA isn’t a business structure, it won’t protect you from liability if someone sues your business. An LLC structure is the best option for business owners who want to keep personal assets safe in the event of a lawsuit. 

Consequences for operating with a DBA without registration

In Mississippi, it’s not illegal to use a DBA without registration. However, banks can’t legally allow you to open an account with your DBA unless it’s registered. You’ll also need to register your DBA if you want to use it to sign contracts.

Tax considerations

A DBA doesn’t change the way your business is taxed, as the IRS looks at your business structure rather than its name. If you have a sole proprietorship or partnership, you file your business income on a personal tax return. Corporations and LLCs list their DBAs but file taxes using their legal names. 

Filing for a DBA in Mississippi

Name requirements  

State law allows you to use any name you like, including a name that belongs to another business. However, federal law doesn’t allow you to use a name that another business has already trademarked. You could be sued if you choose a name that is overly similar to a trademarked name, especially if there are multiple similarities between the two businesses. 

Furthermore, you can’t add a suffix, such as LLC or Corp., to your DBA in Mississippi unless you have the same business structure as the suffix. You also can’t use terms such as “bank”, “trust”, and “savings and loans” as part of your name. 

Begin with a Mississippi Assumed Name Search

Search the state’s fictitious name records to make sure your chosen DBA isn’t being used by anyone else by performing a Mississippi business entity search. You don’t want your customers to confuse your business with another one. This could lead to customer service problems if people expect you to provide products/services you don’t offer. You could also lose potential customers if the other business gets bad online reviews. 

Steps to register your Mississippi DBA 

Step 1

Fill out the DBA form. You’ll need to provide your business ID and its legal name, your name and contact information, and the name of the DBA you want to use for your business. Alternatively, you can hire a professional to fill out this form for you. If you want to apply for more than one DBA, you’ll need to fill out a separate form for each name.

Step 2

Pay the $25 filing fee for every DBA application you fill out and then submit your forms. Bear in mind that it can take one or two business days for approval. What’s more, approval isn’t automatic. 

Step 3

Take note of the date when you file your DBA. You’ll need to renew it by December 31st of the year of your DBA’s five-year anniversary.

Filing online vs. by mail

Mississippi doesn’t allow businesses to file for a DBA in person or by mail. Filing for a DBA Mississippi can only be done online, on the Mississippi Secretary of State website. This site is also the only option for a business owner who wants to modify the company’s fictitious name or officially withdraw the DBA registration. 

Conclusion

It’s not hard to start using a fictitious business name in Mississippi. However, it’s not something you want to do without careful thought and planning. Map out your long-term business strategy to see if using a DBA makes sense for your goals.

If you’re just starting out, it’s a good idea to first learn how to start an LLC in Mississippi. Forming an LLC provides liability protection and establishes your legal business structure before you register a DBA. Once your LLC is set up, you can use a DBA to market under a different name or expand into new products and services.

You can start using the DBA as soon as you’d like and keep it for as long as you wish. To make it official, register your DBA with the Mississippi Secretary of State. Registration lets you use the DBA for banking, contracts, and branding, helping you attract customers, build loyalty, and support your business’s long-term success.

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