Although you’ll naturally make a lot of big decisions when starting or growing a business in Tennessee, your choice of names is one of the most important. Your business name is quite literally the first thing prospective customers see when interacting with your company. Not only does it set the tone of your brand, as well as customer expectations, but it shapes first impressions, as well.
Although many businesses operate under one single legal name, there are definitely valid reasons why you might want to adopt a different assumed business name (e.g., rebranding or simply branching out). That’s where a DBA comes in.
Short for “doing business as,” a DBA makes it possible to legally run your business under a name other than your official legal entity name. Tennessee is one of the states that permits this, making it a popular option for:
- Sole proprietors who don’t care to use their personal name as their business name
- Larger businesses that might benefit from expanding into new markets under a fresh identity
The process of setting up a DBA in Tennessee is fairly straightforward, but there are still rules, regulations, costs, and methods you’ll need to follow in order to stay compliant. In this introductory guide to DBA Tennessee procedure, we’ll cover everything you need to know, including the benefits, drawbacks, and requirements involved.
What is a DBA (“Doing Business As”)?
Also known as an “assumed name” in Tennessee, a DBA is a trading name, fictitious name, or business alias registered with the state. Completing this process lets you legally operate your business under a name other than the one listed as your official business entity name.
DBAs are available and applicable to all types of Tennessee businesses, including the following:
- Sole proprietorships and partnerships: If you’re not forming a legal entity to run your business, a DBA lets you seamlessly run it under a professional name other than your personal legal name.
- LLCs and corporations: Although businesses like these are already registered entities with established business names, you can still use a DBA to operate several brands or market different service packages without the need to form new entities.
Benefits of a DBA
Think of a Tennessee DBA as a way to give your business a versatile new wardrobe option. Your company is still the same entity underneath, but you’ve gained the ability to dress it up differently as needed. Individual benefits include:
- Flexibility without forming a new entity: DBAs give you the power to register a new business name without the need to form a corporation or LLC.
- Sole proprietors can avoid using personal names: If you’re a sole proprietor, you can legally brand yourself as “Smith Baked Goods” on invoices instead of simply “John Smith”.
- No EIN required: You don’t need a new Employer Identification Number to start operating under your DBA if you’re a sole proprietor or a single-member LLC with no employees.
- Smoother branding: DBAs simplify the process of rebranding your company or expanding it into new markets without completely restructuring operations.
Disadvantages of a DBA
Concerned about the other side of the coin when it comes to registering a DBA in Tennessee? Here are some commonly cited disadvantages to consider before moving forward:
- No liability protection: Filing a DBA isn’t the same as restructuring into a corporation or LLC, so it won’t shield your personal assets. It is purely a name-specific detail.
- Not a separate legal entity: A DBA doesn’t change anything about your legal recognition as a business or individual. It is simply a legally formalized alias.
- Potential confusion: Operating under multiple DBAs can potentially confuse customers or fragment your brand, so it’s important to proceed with caution.
Consequences of operating without a registered DBA
It’s illegal to conduct business in the state of Tennessee under a fictitious name without properly registering it. A failure to register your DBA as directed could result in consequences like civil penalties, fines, and loss of ability to enforce contracts signed under your unregistered business name. In other words, it’s essential not to skip this step.
Tax considerations
The crucial thing to know here is that a registered DBA doesn’t change anything about how your business is taxed in Tennessee. Keep in mind that a DBA is not a separate entity from your main business, so taxes still get filed under your original structure (e.g., sole proprietorship or LLC). It exists strictly for branding and naming purposes.
Filing for a DBA in Tennessee
Now that you’ve got the basics down as far as what a DBA is and isn’t, it’s time to get into how you officially file one.
Understand Tennessee’s naming requirements
Tennessee does have rules governing what people can and can’t name their businesses. For example, the name you choose needs to be completely unique without also being deceptively similar to another registered Tennessee business name. You also cannot include business entity designators, like “LLC” or “Inc,” unless your business is actually registered as such.
You cannot choose a name that implies affiliation with any government agencies (e.g., “FBI Roofing”). Certain words are also restricted (such as “insurance” or “bank”) and may call for explicit approval from appropriate state agencies.
Start with a Tennessee assumed name search
Before you move ahead and file for a certificate of assumed or fictitious name, make sure your desired DBA is available by performing a Tennessee business entity search:
- Go to the Tennessee Secretary of State Business Information Search online.
- Type in your desired DBA name.
- Carefully check the results to confirm that no one else is using it.
Brainstorm alternatives until you find an option that’s truly unique.
Steps to register your Tennessee DBA
To register a DBA in Tennessee, you’ll need to officially file with the Secretary of State. Here’s a step-by-step guide to how the process works.
1. Complete the application
Fill out the state’s Application for Registration of Assumed Name form. Be prepared to provide details like your business’s legal name and structure, your principal business office address, and the names and addresses of any owners or members.
2. Submit the form
You can file your Tennessee DBA application online via the Tennessee Secretary of State website. You can also file by mail by sending your completed form to the following address:
Tennessee Secretary of State – Business Services Division
312 Rosa L. Parks Avenue, 6th Floor, William R. Snodgrass Tower
Nashville, TN 37243
3. Pay the filing fee
Currently, it costs $20 per name to file a DBA in the state of Tennessee. (Always confirm current fees and filing procedures during your planning process.) You can pay by credit card if filing online or by check/money order if filing through the mail.
New DBA registrations are valid for five years. After that time, you’ll need to pay an additional filing fee to renew.
Filing online vs. by mail
Filing online is generally much faster, and the process is typically completed within 1-2 business days. Mail filing will naturally take longer, especially if the form contains any errors or is missing any information. (Always double-check to ensure accuracy and completion.)
Once your filing is approved, you’ll receive formal confirmation from the state of Tennessee, and you can officially begin using your DBA at that time.
Conclusion
Filing for a Tennessee DBA is an affordable, approachable way to open new doors for your business when it comes to branding and expansion. Just remember that a DBA isn’t a substitute for forming a legal entity. If you’re seeking liability protection or want to build a stronger business foundation, it’s worth learning how to start an LLC in Tennessee first.
It’s also important to do things by the book to avoid fines and other penalties. Need assistance with the process? Get in touch with Tailor Brands today, and we’ll be happy to walk you through the process.
FAQ
No, whether to register a DBA in Tennessee is a matter of personal choice. You only need one if you plan on running your business under a name that differs from your official legal business name.
The filing fee for Tennessee DBAs is $20 per business name. Each registered DBA is good for five years, after which formal renewal and payment of a new fee are required.
Yes, you can register multiple DBAs in Tennessee. Just be aware that each name requires payment of a separate registration fee.
Operating under an unregistered DBA in Tennessee puts you at risk for fines, civil penalties, and other legal complications. You could also lose the ability to enforce any contracts established under your chosen DBA.
No. Unlike official LLC or corporation formation, a DBA doesn’t offer liability protection. If that’s something you’re interested in, it’s important to pursue LLC or corporation status instead.