Do i file with the state?

i want to sell reptiles on a small scale, and that means i need a business name.... but im not sure that i want to file with the state for licensing purposes.(ie taxes, etc..) if i do not decide to file for a business license, can i still use a name that i come up with? and will it be protected from other people using it... such as 123reptiles? or is the only way to protect my business name is to file for a license? thanks for the help...

craig morel

Creating a DBA to use a "business name" automatically includes the state's tax department, and you will be sent a tax certificate with your number. A DBA is required if the chosen business name does not include your own name. For example, If you were to sell under the name Craig Morel Reptiles, you would not need one; but if you were were planning on using Cajun Country Critters (sorry, it was too easy) you would.

Originally Posted by hhmoore

Creating a DBA to use a "business name" automatically includes the state's tax department, and you will be sent a tax certificate with your number.

That's not necessarily true of all states. Here in Michigan, I got my DBA as 'Blue Water Reptiles' with my county clerks office back in 2007, but I didn't actually get my State Tax ID and my FEIN until last year (when I actually started doing 'business').

Guess not all State's are so quick to insert their hands in one's pockets...gotta remember I'm in NY. Thanks for the correction, John.



(or, I suppose I could have missed/forgotten a question about start up date when I did mine - it was years ago)

Hobby businesses usually don't need a dba as you can file it under your personal name on your 1040 as self-employment. Usually means filling out schedule C and SE forms... they are pretty easy to do

forgot to add...DBA names themselves are usually created at the county level I think.

DBA's (at least in NY) are filed at the County Clerk's office.

Originally Posted by freebyrd

i want to sell reptiles on a small scale, and that means i need a business name.... but im not sure that i want to file with the state for licensing purposes.(ie taxes, etc..) if i do not decide to file for a business license, can i still use a name that i come up with? and will it be protected from other people using it... such as 123reptiles? or is the only way to protect my business name is to file for a license? thanks for the help...

craig morel

If you want to protect your business name, then I suggest securing a registered trademark for it.

From what I have heard here in Ohio you need to register your business name if you don't use your own name in it. For example my wife owns RadPythons Limited, previous to getting it Registered we would have had to use Shandra's Radpythons, Amon's Radpythons, or Shandra Amon's Radpythons, but the name Radpythons would still have been usable by others so it could be a non-related business and be called John's Radpythons. Also if someone else decided to register the name, RadPythons in our state before we did, we would no longer be able to use it. Also without getting it registered your not supposed to use LLC, LTD, or Limited.

As far as tax ID numbers go, you don't need one. We still claim the business under our personal SSN#. We have a company tax ID, but we don't use it yet. When we get big enough and start purchasing things under tax exempt status we will need to start using the tax ID number to protect our personal SSN since you have to give that number to anyone you purchase tax exempt goods from.

Next would be logos and such and then we get into trademarks and Copy rights and what each of these give you control or and the ability to go after some one for using them.

It would be interesting to get a legal-ease forum to help our hobby better understand the basics of business such as names, LLC's, Corporations, trade marks, and copy righted material. Just not sure how many times you can on the same topics. Granted we have done it with many other topics over the years the forum has been here. lol