What does New York call a DBA, and how do I file one for One Stop Gadgets?

Yoni asked: “We sell to consumers and companies items with their logos on them. I also want to sell basic electronics and gadgets out of my car. Do I just need a business license and an EIN to sell out of my car?”

Hi Yoni, a good name deserves to be registered properly, and One Stop Gadgets is no exception. The name comes first: New York handles it with a Certificate of Assumed Name, sometimes called a DBA or assumed name or DBA. Below you will find how New York treats a business name, whether a newspaper notice is involved, and the other registrations One Stop Gadgets needs.

Selling gadgets out of a car trunk feels informal, but the moment you hand over a receipt with a brand on it, that brand is a business name. New York calls it a Certificate of Assumed Name, and publication in a newspaper isn't required for an individual's or partnership's name. Since you also make logo items for companies, a registered name makes your quotes and invoices look like a real vendor. It is a different question from the permit, so register the name first and handle the rest in order.

How New York handles a business name

In New York, a business name other than your own legal name is registered as a Certificate of Assumed Name, which you will also hear called assumed name or DBA. Individuals and partnerships doing business under a name other than their own real names must file one, and corporations, LLCs and limited partnerships must file one for any name that differs from the name in their formation documents. A sole proprietor using their own name needs nothing.

Newspaper publication: New York does not require an individual's or partnership's assumed name to be published in a newspaper. Newly formed New York LLCs have a separate newspaper-publication rule for their formation, which is not part of the assumed name filing.

How long it lasts: New York sets no expiration date, but an amended certificate is due when the facts change, and a certificate of discontinuance is filed when you stop using the name.

What One Stop Gadgets needs

1. Certificate of Assumed Name – Register "One Stop Gadgets" before you use it on signs, invoices, and your business bank account. Most banks will not open an account or deposit checks made out to a trade name until it is registered to you.
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. If a custom-printed order arrives with the wrong logo and a company refuses to pay, an LLC contains the dispute. If you form the LLC under the exact name One Stop Gadgets 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 7 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. New York Certificate of Authority – You will be selling taxable goods, so register to collect sales tax before your first sale. It also lets you buy inventory for resale without paying tax on it.
6. New York employer ID – With 7 employees, you need a state employer account number for payroll withholding and unemployment insurance. It works like the EIN, but for state payroll taxes.
7. Business license – A business license puts One Stop Gadgets on the official map in Lawrence, which landlords, banks, and many customers will expect to see before they sign anything.
8. Product safety compliance – Toys and electronic gadgets often must meet safety standards before sale.

By the numbers: Banks, insurers, and tax forms will ask for your industry code. For a gadget and novelty store it is NAICS 453998 (All Other Miscellaneous Store Retailers), 459999 under the 2022 update. With 7 employees planned, you are already creating jobs in Lawrence. That makes 8 items on your list.

Tip: Buy from reliable suppliers and keep their safety paperwork, since it helps if a product is questioned.

To recap: One Stop Gadgets in Lawrence, NY needs a Certificate of Assumed Name, a name check, an LLC, an EIN, a sales tax permit, a state employer ID, a business license, and product safety compliance. Check them off one by one and you will open with confidence.

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