I’ve been contemplating changing my business name to my actual name, Mario Jimenez Photography. Do I have to file a dba if I’m using my own name?
Another dilemma I have is I just started advertising in a local wedding magazine, so the obvious problem is not getting customers confused when they view the old logo in the magazine and see the new, perhaps unfamiliar logo on my website. Any thoughts?
Have to file a DBA? Well... you're going to want to set up an official company regardless to separate personal and business for legal liability etc. if nothing else...
I would suggest if you just started advertising that perhaps you stick to your old name for a while... nobody really cares about the name of your business but you, if we're being honest. Focus on more important things.
If you are not already registered with your State's Secretary of State as an LLC, Corporation, Partnership . . . . then you have nothing to change. If you are a registered business entity then you need to amend your information with the Secretary of State. I'm guessing you are not or you would probably already know that. As was already mentioned, you should take advantage of registering your business as an LLC for liability reasons. Right now (if you are working as just an individual) your are potentially personally liable for any negligence on your part at any one of your shoots. If you are working under an LLC for example your personal assets will (in most cases) be shielded from liability. Depending on your State, you can do this for under a thousand dollars. It cost me about $650 using Legal Zoom in Tennessee.
You file DBA for fictitious name. So no, you don't need to file DBA.
You now file your earnings and expenses under your SSN because you're not a sole proprietor.
UNLESS, you have can answer YES to any of the below then you get a tax ID.
Do you have employees?
Do you operate your business as a corporation or a partnership?
Do you file any of these tax returns: Employment, Excise, or Alcohol, Tobacco and Firearms?
Do you withhold taxes on income, other than wages, paid to a non-resident alien?
Do you have a Keogh plan?
Are you involved with any of the following types of organizations?
Trusts, except certain grantor-owned revocable trusts, IRAs, Exempt
Organization Business Income Tax Returns
Estates
Real estate mortgage investment conduits
Non-profit organizations
Farmers' cooperatives
Plan administrators
^^ That's all well and good unless you ever get sued and then everything you personally own could be in jeopardy. There is a reason people create legal business entities such as LLC, S-Corp, etc.
TTLKurtis wrote:
^^ That's all well and good unless you ever get sued and then everything you personally own could be in jeopardy. There is a reason people create legal business entities such as LLC, S-Corp, etc.
Google it.
Kurtis, read what I wrote, a few times. You'll get what I'm saying. I did NOT tell him not to have a different entity such as LLC or incorporate.
I simply told him, if he's going to be doing business under his name, he does not HAVE to file DBA.
amonline wrote:
I'd give "JimenezPhotography" some thought.
I’m thinking the same thing honestly. Too many syllables in my name.
As far as switching to an LLC, this is not a priority despite the liability and business loan benefits. I am also already registered as MJ Photography using Legal Zoom, so I understand that point as well. What my original question was wether I HAVE to file another DBA since I plan on switching to my own name. I believe if you use your own name and an SP, you don’t have to unless you are an LLC, corporation, etc. I guess the best thing is to call the county clerk’s office and find out.
Thanks for the awesome advice as usual! And “Jimenez Photography” is on the top of the list!
@Kurtis: Being a LLC, which I’m assuming you are, don’t you have to display it in your business name? Just curious.
MBMK wrote:
Kurtis, read what I wrote, a few times. You'll get what I'm saying. I did NOT tell him not to have a different entity such as LLC or incorporate.
I simply told him, if he's going to be doing business under his name, he does not HAVE to file DBA.
There's a difference between the two. Google it
Thinking of it as optional shows how naive you are.
