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Looking to gain insight into the significance of DBA registrations in Utah and the associated processes? Search no further.
Referred to as “Doing Business As,” a DBA in Utah enables individuals or entities to conduct business using a name that differs from their legal entity name. This alternate business name serves multiple purposes, including branding, marketing, and legal operations. In many jurisdictions, this designation may be known as a fictitious name, trade name, or assumed name.
Understand that unlike forming a Limited Liability Company (LLC), filing a DBA in Utah doesn’t establish an independent legal entity and doesn’t provide the same level of advantages and protections. For many entrepreneurs, establishing an LLC in Utah could offer greater benefits regarding tax advantages and legal safeguards.
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What Is a Utah DBA?
A DBA, also known as a Doing Business As, is an alternative name that business owners can use instead of their official business name. Note that a DBA doesn’t constitute a separate entity but serves as an identifier for your business.
When using a DBA, you’ll still be required to file taxes using your legal business name and the corresponding EIN (Employer Identification Number) or SSN (Social Security Number), with sole proprietors.
Popular ways to use a DBA include:
- Online presence through websites and social media profiles
- Promotional activities
- Business cards, company letterheads, and merchandise
- Starting a business bank account
- Implementing a point-of-sale system
- Franchise businesses also utilize DBAs
Why File a DBA Name in Utah?
To conduct business under a name different from your company’s legal name, you must file for an assumed name registration.
If you’re currently operating a business and wish to introduce a new product or service with a different name, register an assumed name with the state of Utah.
Those who already have an LLC, partnership, or corporation established may desire to operate under a different name than the one registered with the state.
An assumed name can be advantageous to offer alternative products or services or expand into new geographic areas. It’s important to legally register your assumed name to proceed.
Failure to register your new business name could lead to unwanted legal complications. According to Title 42 of Utah’s statutes, businesses cannot file or respond in litigation under an unregistered assumed name.
There may be late fees associated with not registering the chosen identity. Registering your assumed name in Utah is straightforward and it’s advisable not delay this process as it’ll help prevent unnecessary expenses and inconveniences.
Does a DBA Provide Any Legal Protection?
An assumed name can be beneficial for branding, but it doesn’t constitute a legitimate business entity. Registering an assumed name doesn’t grant you a business license, trademark rights, or liability protection.
If you’re in the early stages of starting your own business, establish a new business entity. For most new businesses, forming a Limited Liability Company (LLC) is highly recommended. LLCs offer simplicity and flexibility in their creation process. However, if your business involves many investors or requires the issuance of stock, incorporating may be necessary.
Both corporations and LLCs are types of limited liability entities that provide personal asset protection. This means that assets such as your home, vehicles, and personal property are shielded from potential debts, lawsuits, or other obligations incurred during your business operations.
If you operate as a sole proprietorship instead of an LLC or corporation, these protections don’t apply to you.
When establishing an LLC or corporation, it’s advisable to acquire a business credit card specifically for minor expenses. This serves the purpose of safeguarding your limited liability status by maintaining a clear separation between personal and company finances.
Upon forming an LLC or corporation in Utah, you’ll be assigned an employer identification number (EIN), akin to a Social Security Number for businesses. The IRS uses this unique identifier for tax-related identification of companies. In addition, you have the option to open a dedicated bank account for your business and recruit employees using the EIN.
With operating your business as a sole proprietorship, obtaining an EIN becomes necessary if you intend to hire employees.
However, if you don’t have any employees, it’s possible to operate as a sole proprietorship and fulfill your business tax obligations using your own Social Security Number.
Why Hire a Professional Service to File a DBA in Utah?
Obtaining a DBA in Utah causes meticulous attention to detail, as each step is crucial for a successful registration. Any oversight during these procedures can lead to the rejection of your application or more severe consequences.
The state authorities in Utah have the power to impose fines or even shut down your business if you improperly use a name within legal or business contexts.
To alleviate the anxieties and uncertainties associated with the entire DBA process, engaging professional services is highly recommended. These services possess extensive knowledge of Utah’s specific requirements and can assist you in selecting an appropriate name before starting the paperwork.
These firms offer a range of valuable services, including LLC filing, which can prove essential as your business endeavors progress. After conducting thorough research, we have identified the top professional services that cater to your DBA needs in Utah:
How to Register a DBA in Utah
To ensure compliance, businesses that operate under a name different from their registered legal name are required to file for a Utah DBA. In this guide, we will outline the necessary steps involved in the registration process.
1. Research Your Utah DBA Name
To comply with state regulations, it’s necessary for DBAs to adhere to naming laws outlined in UT Code § 42-2-6.6. This implies that there are certain restrictions on what a DBA can be named.
- Avoid duplication or excessive similarity to existing business names already registered in the state
- Don’t incorporate an entity identifier such as “LLC” or “Inc.” if the business doesn’t fall into either category
- Refrain from using terms like “bank,” “cooperative,” “association,” or any name, including those resembling government agencies, that might mislead customers
To ensure that the DBA name you prefer is not already being used, use Utah’s Division of Corporations business search. This will allow you to determine if any other businesses are currently operating under the same name.
It’s advisable to conduct an online trademark search for your chosen DBA name in order to confirm that it hasn’t been registered at the federal level.
While conducting these searches, it may also be worthwhile to check online for any Utah-based businesses using your desired DBA name or something similar. It’s always beneficial to go above and beyond in verifying that a business name is indeed available for use.
2. Complete the DBA Application
Utah’s Business Name Registration/DBA Application serves as the official registration method for your DBA in the state. You have the option to complete the application online or by submitting a printed copy via mail, fax, or in-person filing.
For online filers without a UtahID, obtaining one is necessary. The required information to fill out the application includes:
- Name for the DBA being requested
- Nature of the business (taco truck, handmade jewelry, tutoring, etc.)
- Location of the business
- Name and address of the registered agent
- Details of the business owner/applicant, including name and address
- Entity number, if applicable (for registered businesses)
- Signature of the business owner or applicant
Note that Utah businesses are assigned entity numbers upon registration with the state. Registering your business with the state is necessary to collect state sales tax. If you haven’t yet registered your business, you’ll need to do so through Utah’s OneStop Online Business Registration platform.
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3. File the Application and Pay the Filing Fee
Utah provides multiple options for filing a DBA, including online, mail, in-person, and fax. Regardless of the chosen method, the filing fee remains fixed at $22. If you opt for online filing, your application will be processed within approximately one business day.
However, if you decide to mail, fax or hand-deliver your application, the processing times can take around 6-7 business days (excluding additional time for mail delivery).
Online:
Utah Division of Corporations and Commercial Code
Mail:
Utah Division of Corporations and Commercial Code
PO Box 146705
Salt Lake City, Utah 84114-6705
In-person:
Heber M. Wells Building
160 East 300 South
1st Floor
Salt Lake City, Utah 84111
Fax:
(801) 530-6438
For individuals submitting their documents via fax, it will be necessary to complete a cover letter form and include it with their application.
4. Manage Your Utah Assumed Name
Renew Your Assumed Name With the State
In order to maintain compliance, renew your Utah DBA every three years. The renewal process can be conveniently completed online, ensuring ease and efficiency. Please note that a nominal fee of $27 is required for the renewal of your DBA.
Change Your Assumed Name
You can modify your DBA either through online means or by completing the Doing Business As (DBA) Registration Information Change form. An amount of $15 is required as a filing fee for this process.
Withdraw Your Assumed Name
To revoke your assumed moniker, simply fill out the Letter of Cancellation Form. Afterwards, send the completed form to the provided address via mail.
Utah Division of Corporations & Commercial Code
P.O. Box 146705
Salt Lake City, Utah 84114-6705
Best DBA Filing Services to Register Fictitious Name in Utah – UT DBA
Discover the top-notch services specifically designed for registering a made-up name in Utah.
For individuals embarking on the process of filing a Doing Business As (DBA) in Utah, BusinessRocket emerges as a valuable resource. This platform caters to entrepreneurs and business proprietors, offering a seamless and intuitive user experience.
BusinessRocket simplifies the intricate paperwork involved in DBA registration in Utah through its user-friendly online tools and comprehensive guidance.
The primary aim of BusinessRocket is to streamline the entire process, guiding users through the legal intricacies and ensuring the uniqueness of their selected business name while adhering to Utah’s regulations.
With features such as document preparation and filing help, BusinessRocket facilitates a smooth DBA registration process, empowering individuals to establish their presence in Utah effectively.
Renowned for its wide range of legal solutions, which includes handling DBA filings in Utah, Northwest Registered Agent offers a reliable choice. Functioning as a registered agent service, Northwest provides a physical address in Utah that fulfills the state’s requirement for a designated location, an essential aspect for businesses operating under an alternative name.
Besides DBA filings, Northwest Registered Agent also offers supplementary compliance services like annual report submissions and mail forwarding.
This approach ensures that businesses maintain their good standing with the state, easing administrative burdens for business owners and enabling them to concentrate on expanding their enterprises.
ZenBusiness offers a built-in free DBA name search for Utah, accessible to anyone seeking to narrow down the best options. By inputting keywords, ZenBusiness provides suggestions that users can choose from or use as inspiration. After selecting a name, it takes only ten minutes to provide ZenBusiness with the necessary information to facilitate the filing process.
The platform transparently outlines startup costs and remains committed even after the DBA application process.
It provides a comprehensive array of tools to help businesses maintain compliance and can assist with tax calculations annually, streamlining operations for entrepreneurs.
How Much Does a DBA Filing Cost in Utah?
In Utah, the cost of a DBA is $22. Unfortunately, there are no expedited services available in the state. Note that a Utah assumed name expires every three years and must be renewed. The fee for renewing the name is $27.
DBA vs. LLC in Utah
A DBA, short for “Doing Business As,” is simply a name that represents your business. However, it doesn’t provide the same level of protection for your personal assets as a Utah LLC (Limited Liability Company) does. An LLC is a legally recognized business entity that offers liability protection to its owners in case of legal action or bankruptcy.
When you form an LLC, you establish a separate legal entity from yourself as an owner. Using a DBA allows an LLC to operate under a different business name providing no additional liability protection.
If you’re operating as a sole proprietorship or in a general partnership and only require an alternative business name, then getting and using a DBA may be sufficient. However, if safeguarding your assets and having asset protection and the desired business name are important considerations for you, it would be advisable to establish an LLC in Utah.
File a DBA in Utah – Frequently Asked Questions
If you’re still uncertain about the process of filing a DBA in Utah, keep reading to discover the information you need.
Conclusion – File a DBA in Utah
In conclusion, effortlessly and effectively filing a DBA in Utah can be achieved by following our detailed 4-step guide. For a more streamlined experience, consider using the expertise of BusinessRocket, a trusted service that simplifies filing for a DBA.
Allow BusinessRocket to act as your valuable partner in establishing and solidifying your business identity. This will not only save you time but also guarantee accuracy at every stage of the registration process.
