Choose a name for your business. If you choose to operate your business under your own name, you do not need to register the name of the business.

• Texas law governing assumed names: Texas Business & Commerce Code chapter 71: Assumed Business or Professional Name

o http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.71.htm

o Must file “DBA” unless (1) your business name contains your surname; and (2) does not contain any words suggesting other owners (e.g., Company, Co., & Company, Brothers, & Sons, & Associates)

2. Check the name to make sure it has not been taken. There can be no duplicate names, so if the name is taken, you will have to change yours.

• Go to the county clerk’s office in the county in which you are doing business and ask to search assumed names, or you can go online.

o http://www.dallascounty.org/department/countyclerk/asmdname_procedures.php

o http://www.dallascounty.org/department/countyclerk/faq-assumed.php

• You can also log onto the Texas Secretary of State website and click SOSDirect to create an account, and proceed to assumed names check – but you are not required to do so if you merely wish to file a DBA in your own county of residence.

o http://www.sos.state.tx.us/

o http://www.sos.state.tx.us/corp/sosda/index.shtml

3. File Assumed Name.  County Clerk’s office where business premise is maintained; if no business premise, then in every county where business is conducted.

• Certificate of Ownership for Unincorporated Business or Profession (Dallas County): http://www.dallascounty.org/department/countyclerk/documents/DC_AssumednameDallas2a_001.pdf

4. Determine whether your business requires a license in Texas. Note that Texas is a business-friendly state and does not require a general business license or permit. But some professions and trades do require a license. Examples include professions like doctors and lawyers, and trades like barbers, cosmetologists, air conditioning and refrigeration contractors, dieticians, midwives, polygraph operators, athletic trainers, combative sports referee (e.g., boxing).

• Texas Department of Licenses and Registration (TDLR): http://www.tdlr.texas.gov/

• Note that certain licenses and/or permits may also be required if your business has a significant environmental impact (e.g., solid waste, wastewater, medical waste, etc.). The source for information here is the Texas Commission on Environmental Quality. 

o http://tceq.state.tx.us/licensing

o http://tceq.state.tx.us/permitting/business_types(alphabetical index by business)

5. Obtain an Employer Identification Number (EIN), which is a tax ID number, from the IRS. You will use your EIN for all financial business you conduct in Texas.

• https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online

• Application requires basic information and some information about the nature of the business and how many employees. Cost is free.

• IRS Publication 15 is the IRS’ guide to federal taxation for businesses.

o https://www.irs.gov/pub/irs-pdf/p15.pdf

6. Go to your local bank and open a new bank account to use specifically for your business. You will need your newly obtained EIN.

7. If the business involves sales (of “tangible personal property”), then you must obtain a Texas Sales and Use Tax Permit. 

• Information on the sales and use tax is available at the website for the Texas Comptroller of Public Accounts.

o Frequently Asked Questions: http://comptroller.texas.gov/taxinfo/sales/questions.html

• Texas sales tax = 6.25% and localities can add up to 2% more for a maximum total of 8.25%.

o The City of Dallas does impose the maximum 2%, and the sales tax ratWritten Assignment,Applied Sciences,,

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