If you start a business in South Dakota or already own one, the business name that you use can impact a lot of different things. Not only does your legal business name play a key role in many processes like opening a business bank account or filing taxes, but it’s also your company’s public identity and key part of its marketing and branding.
But what if you want to use a name that’s different than your legal business name? In this case, you’ll be required to file for a DBA with the state of South Dakota. Thankfully, the process is quick and simple!
To help you decide if obtaining a DBA is the right choice for your South Dakota business, we’ll walk you through everything you need to know about filing a DBA in South Dakota, including what a DBA is, the benefits and cons of using one, and a step-by-step guide on how to complete the filing process.
A DBA (also known as an “assumed name” or “fictitious name”) is essentially nothing more than an additional name that your business can use. Businesses in South Dakota can use DBAs for all of the same business activities that they use their legal business names for. This includes things like invoicing customers, opening a business bank account, and marketing your company. With a DBA, you still get to keep your legal business name as well and are free to continue using it for all of the same activities.
As for why a business might want to use more than one name, there are numerous different reasons. Many businesses will file for a DBA when they are undergoing a rebrand so that they can create a new identity for the company without actually having to form a new company. Other times, businesses will file for a DBA when they are expanding into new markets or launching a new line of products/services. For example, a business named “Jack and Jill’s Diner” might file for a DBA to go by the name “Jack and Jill’s Catering” if it wishes to begin offering catering services
Another common use of DBAs is to appeal to a specific market segment. Let’s say, for example, that a business called “Plumbing and Electric Plus” has numerous locations throughout South Dakota. To distinguish these locations and appeal to local customers, the company might use DBAs like “Plumbing and Electric Plus of Rapid City” and Plumbing and Electric Plus of Deadwood”.
The final important thing to know about DBAs is that they can be used by all business types. This includes sole proprietorships, partnerships, LLCs, and corporations.
The main benefit of having a DBA is that it lets you create a new public identity for your business. We’ve already looked at several of the scenarios where using a different business name can be beneficial, and there are plenty of other scenarios that exist as well. But before you can legally conduct business under a name that’s different than your legal business name, filing for a DBA with the state of South Dakota is a must.
Another benefit of DBAs is that, in some cases, you don’t even need an EIN to obtain one. Since sole proprietorships and single-member LLCs without employees are not required to have an EIN, an EIN is not required for these businesses to get a DBA either.
There aren’t a lot of disadvantages to having a DBA, as long as you use the new name appropriately. Aside from the effort and small fee that the filing process requires, the only real downside to using a DBA is that it can sometimes be confusing to customers and hurt your branding. Using multiple business names without a clear reason or purpose can make it difficult to grow brand awareness and may also frustrate your customers. That’s why it’s important to use DBAs strategically and always consider things like branding and marketing when choosing a business name.
It’s also important to remember that DBAs do not offer any personal liability protection; all they are is a business name. For this reason, most South Dakota business owners are better off forming an LLC or corporation rather than operating as a sole proprietor with a DBA.
What you call your company may not seem all that consequential, but it’s something that the state of South Dakota takes very seriously. You never want to conduct business operations under any name besides your legal business name without first filing for a DBA. Using a different business name without a DBA can lead to stiff consequences, including fines and potential business closure.
Using a DBA does not affect how your company is taxed in any way, and, when filing taxes, you’ll still need to use your legal business name. A DBA is just an alias or additional name for your company, and it doesn’t change its structure or how it is taxed.
If you’d like to start using a different name for your South Dakota business, filing for a DBA is your best bet. Here is a step-by-step guide on how to do this:
You can use almost any name as a DBA in South Dakota as long as it meets the following criteria:
Since your DBA is required to be unique, you’ll have to make sure the name you’d like to use is not already being used by any other business in South Dakota. Verifying this may seem like a monumental task, but you can actually do it quickly and easily by using the business entity search tool provided by the South Dakota Secretary of State. All you have to do is search for the name you’d like to use, and if no results show up then you know that the name is available. If the search returns another business that’s already using the name, then you’ll have to alter it or pick a different one.
Once you’ve confirmed that the DBA you’d like to use is available, you can file for a DBA through the South Dakota Secretary of State. Here is a step-by-step guide to completing this process:
Gather all the necessary information for your DBA application, including your legal business name, the DBA you wish to use, your business address, owners’ contact details, and your business type. All of this information will be required to complete the application form.
Once you have all of the necessary information on hand, you can file for a DBA online at the South Dakota Secretary of State website. Unlike many states, South Dakota does not offer the option to file for a DBA by mail. However, the online process is quick and simple.
When filing for a DBA in South Dakota, you’ll be required to pay a $10 filing fee. This fee is paid at the end of the online application process, and it can be paid via credit or debit card.
Filing for a DBA in South Dakota is a simple and affordable way to operate your business under a different name without having to form a new business or change your business structure. By following the registration process carefully, you can ensure that your DBA is legally recognized so you can begin operating under the new name without fear of penalties.
No, businesses in South Dakota are not required to have a DBA and are free to use their legal business name alone. However, if you want to use any other name besides your legal business name, then filing for a DBA is a necessity.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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