How To File a DBA in Tennessee in 3 Steps
By Acacia Wilson, Esq. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed September 18, 2024
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There are many reasons to use a DBA ("doing business as") for your busines. But before you begin to use one in Tennessee, you should know the DBA requirements.
Register your DBA with confidence through our trusted partner LegalZoom.
- Do I Need a Tennessee DBA?
- Process for Filing a DBA in Tennessee
- 3 Steps for Filing a DBA for Sole Proprietorships and General Partnerships
- 3 Steps for Filing a DBA for Limited Liability Partnerships, LLCs, and Corporations
- What Else Should I Do After Getting a DBA?
- Have Questions About Tennessee Fictitious Names?
Think about your business goals and how using an alternate name could help you achieve them. Perhaps you'd like to open a business bank account or sign a contract using a name other than your business's legal name. Maybe you'd like to launch a new line of products or services under a different name.
DBA registration is a relatively simple process. In just three steps, you could have an assumed name that you can use for your business activities in Tennessee. Before you get started, take some time to consider your other options so that you can make the best decision for your small business.
Do I Need a Tennessee DBA?
Not all businesses use an assumed name. If you only operate your business under the legal name, you don't need to worry about fictitious business names. But suppose you'd like to use any name other than the legal name for your business. In that case, you'll need to complete the process of registering an assumed name in Tennessee.
Why would you want to use a name other than the legal name for your business? Consider the following business types.
If you have a sole proprietorship, the legal business name is your name. Suppose you have an LLC (limited liability company) or corporation. In that case, the legal business name is the name you provided when you formed the business entity with the appropriate agency.
Sole proprietors often want to avoid conducting business under their own names. The reason could be that they want to maintain their privacy or that they desire the more professional appearance of a business name rather than a personal name. With a registered DBA, a sole proprietor could open a business bank account and get a business credit card or debit card in the DBA name.
LLCs and corporation owners often decide to use an assumed name because they'd like to branch out into a new venture. For example, a designer shoe store owner wants to try customizing sneakers. He doesn't want to confuse customers by using the same name for the new venture and doesn't want to form a new entity from scratch. Instead, he can get a DBA for the sneaker business.
Process for Filing a DBA in Tennessee
You can take three simple steps to file an assumed name in Tennessee. Whether you need to file at the county or state level depends on your business type.
If you have a sole proprietorship or general partnership, you must apply for an assumed name with the county clerk where your business is.
If you have a limited liability company, corporation, or limited liability partnership, you must apply for an assumed name with the Tennessee Secretary of State.
3 Steps for Filing a DBA for Sole Proprietorships and General Partnerships
While the state has regulations that tend to prevent registration of the same name in Tennessee, assumed name registration doesn't guarantee that yours is the only business using the name you registered. You should look into trademarking your name to get legal protection for your assumed name.
Conduct a Business Name Search
Before you file your DBA, check for name availability. This is an essential step because you'll need to ensure that the name you choose for your business is distinguishable from other business names. If another business entity already takes the name you'd like to use for your business, you should choose another name.
To see if the name you'd like to use for your business is available, search the Business Entities database. Type in the business name and click the search button.
Finally, consider the naming restrictions in your state. In Tennessee, you need to avoid the following in your business name:
- Words that imply that your business has a connection with a professional, religious, veteran, service, or charitable organization without this connection in writing
- Words that imply that your business is affiliated with a governmental agency
- Words such as "bank," "credit union," "trust," and "mortgage," unless the business has approval from the Tennessee Department of Financial Institutions
After searching the state business records, you should move on to a search of the trademark database. Use TESS (Trademark Electronic Search System) to see if someone has trademarked the business name you'd like to use. Don't use a trademarked name.
File an Application With the County Clerk
You must file a Business Tax License Application. File your application with the county clerk for the county where the business is. To contact the county clerk for the county where you do business, check the list of county clerks provided by the Tennessee Department of Revenue.
Although you'll have to check with the county clerk in the appropriate county for specific instructions on filing a Business Tax License Application, you can get an idea of the general process by examining the filing process in Knox County, Tennessee.
In Knox County, you must search a separate database to ensure your business name isn't already taken. Once you have a business name available for use, you can apply either online or by mail. Be sure to submit the filing fee of $15 along with your application.
Whether you need a standard business license or a minimal activity license depends on your annual gross earnings. You must apply for the standard business license if your business makes $10,000 or more annually. But, if you make less than $10,000 in sales, you must apply for the minimal activity license.
Manage Your Tennessee DBA
Once you have your new business name, you may want to change, renew, or withdraw it. You'll need to check with the county clerk in the appropriate county for specific instructions on managing your DBA.
To renew a minimal activity license in Knox County, for example, submit an Application for Renewal or Reclassification of a Minimal Activity License. You can cancel or withdraw a Tennessee business tax license by filing your final tax return with the Tennessee Department of Revenue. Changing your business name will require cancellation and a new registration.
Conduct an Assumed Name Search
You must have a unique DBA distinguishable from other registered names. This is not only important from a marketing perspective but also vital for registration purposes. According to the guidelines set out by the Division of Business Services, the name you choose to register as an assumed name must be distinguishable from any other name in the division's database.
To check for name availability, you should first search state business records. If already in use, choose a different name to submit to the Tennessee Secretary of State.
If your name appears available in Tennessee, run it through TESS (Trademark Electronic Search System). If someone trademarked the name you'd like to use, you should choose a different name.
Register Your Tennessee Assumed Name
There are several different ways to register your Tennessee assumed name with the Secretary of State. You can register your assumed name online through the Secretary of State website. You can also choose the appropriate form for your business entity and submit the form in person or by mail. You can find the proper form on the Tennessee Secretary of State's website:
Be ready to provide the following information on your application form:
- Name of the business entity
- Proposed assumed name of the business entity
- State in which the business entity was organized or incorporated
The filing fee for Tennessee assumed name applications is $20.
Managing Your Tennessee DBA
After you get your Tennessee DBA, you can change it or cancel the registration. There are several ways to manage your Tennessee DBA.
Your assumed name is only good for five years in Tennessee. You'll need to renew your DBA to continue using it. The filing fee for a renewal is $20. The appropriate form for your renewal is on the Tennessee Secretary of State's website:
If you want to change or withdraw the assumed name you chose for your business, use the appropriate form and submit it with $20.
What Else Should I Do After Getting a DBA?
Think about branding and marketing opportunities once you have a new name. Consider marketing materials, such as brochures, logos, and websites. Don't forget to consider things like business insurance and bank accounts. If your business doesn't have an employer identification number (EIN), get one from the Internal Revenue Service (IRS).
Have Questions About Tennessee Fictitious Names?
Business owners can contact an attorney to discuss filing an assumed name in Tennessee. Or you can let our trusted partner LegalZoom handle your name search, DBA application filing and publishing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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