Do I need an Assumed Name Certificate (DBA) for Simmons and Son in Texas?

Jason asked: “I want to open a bounce house business with moonwalks and bouncers for children, plus a party space. I know about the DBA and taxes. Is there anything else I need to do?”

Hi Jason, Simmons and Son is an exciting name to see on a new business in Fort Worth. In Texas, registering "Simmons and Son" comes first, and the state calls that filing an Assumed Name Certificate. Below you will find how Texas treats a business name, whether a newspaper notice is involved, and the other registrations Simmons and Son needs.

If Simmons and Son is not your legal name, Texas wants it on record through an Assumed Name Certificate, and since you already know about the DBA, that part is simply the first box to check. Texas shows no newspaper-publication requirement for it, which keeps this step quick. Where you will earn your keep is the rest: renting inflatables to families means customers will ask for a business name on contracts and receipts, and your insurance and bank account should carry that same name. Add custom outfits to the mix and the one registered name can cover all of it, so choose a name broad enough for moonwalks and costumes alike.

How Texas handles a business name

In Texas, a business name other than your own legal name is registered as a Assumed Name Certificate, which you will also hear called DBA, assumed business name, or fictitious name. A sole proprietor or partnership using a name that does not include the owners' own names must file one, and so must a corporation or LLC that uses any name other than its exact registered name. If you operate under your exact legal name, there is nothing to file.

Newspaper publication: Texas does not require this name to be published in a newspaper.

How long it lasts: A Texas certificate lasts up to ten years, and a new one has to be filed before it expires if you want to keep using the name.

What Simmons and Son needs

1. Assumed Name Certificate – Registering "Simmons and Son" puts the name on the public record under your ownership, and it is what banks, suppliers, and landlords usually ask to see.
2. Name check – Before you file, search for the name: look for similar registered names where you operate, and check that the web address and social media handles are available. A registered DBA is public notice that you use the name, but it does not give you exclusive rights; a trademark does.
3. LLC (limited liability company) – A DBA creates no separate legal entity and no liability protection; an LLC keeps business debts and lawsuits separate from your personal home and savings. A child who breaks an arm colliding with another jumper could bring a claim, and an LLC keeps it with the business. If you form the LLC under the exact name Simmons and Son LLC, the LLC filing itself protects that name and you will not need a separate DBA for it. Once profits grow, an LLC can elect S corporation tax treatment; ask a tax adviser when the numbers justify it. Non-US residents can own an LLC too; the EIN application simply follows a different path.
4. EIN (federal tax ID number) – You plan on 3 employees, so the federal tax ID number (EIN) is required for payroll, and you will use it for the business bank account opened in the registered name.
5. Texas sales and use tax permit – Needed for the products you sell alongside your service, and it lets you buy items for resale without paying sales tax on them.
6. Texas employer ID – With 3 employees, you need a state employer account number for unemployment insurance. Texas has no state income tax on wages, so there is no withholding account to open.
7. Business license – A business license puts Simmons and Son on the official map in Fort Worth, which landlords, banks, and many customers will expect to see before they sign anything.
8. Amusement ride inspection – Some states treat inflatables as amusement devices that need registration, inspections, and operator training.
9. Event or park use permit – Setting up in public parks or at festivals often requires a permit and proof of insurance.

By the numbers: Banks, insurers, and tax forms will ask for your industry code. For a bounce house rental business it is NAICS 532284 (Recreational Goods Rental). With 3 employees planned, you are already creating jobs in Fort Worth. That makes 9 items on your list.

Tip: Always stake or weight units as the manufacturer directs and refuse to set up in high winds.

To recap: Simmons and Son in Fort Worth, TX needs an Assumed Name Certificate, a name check, an LLC, an EIN, a sales tax permit, a state employer ID, a business license, amusement ride inspection, and event or park use permit. With the paperwork done, the fun part begins: serving your first customers.

We can file your business name registration and the other paperwork for you: start here.