Register Your Business

Here is where your business truly comes to life. In this article, I want to discuss how to choose a business name, how to register your name to protect it, how to register your business, and how to obtain Federal and State Tax ID numbers, which are used for tax filing purposes and often required for opening business bank accounts. This is an exciting time for your small business, so let’s jump right in!

Choose & Register Your Business Name

The concept of a business name might sound relatively simple at first glance. It is the name that identifies the business you own. However, because this name is used for official registration and tax purposes, there are different rules that govern the selection of your business name. Importantly, there are also several different ways you can protect this business name to prevent business identity theft and confusion.

With regards to choosing your business name, there is a wide range of advice as to how businesses should be named. One helpful tip is to scan the names of several businesses in your industry, align your naming standard with the industry, and personalize it towards your business’ mission, if possible. Once you have chosen your business name, you need to register it at the appropriate levels. The SBA provides four focused levels of registration.

The first is at the state level, with the filing of an entity name. An entity name can help protect your business within the state it is filed in. Every state maintains a database of entity names so you can ensure you are filing a distinct name. Depending on the state and your business’ legal structure, an entity name may or may not be required. Regardless, an entity name uniquely identifies your business to the state through the use of a formal name. This name can be subject to a variety of rules depending on the state you are filing in, so it is best to check with your secretary of state. For instance, some states require your business’s entity name to reflect the function of your business (you can’t register “Tech Repair Company” for a plumbing business).

The second level is the registration of a trademark, which protects your business at the federal level. You may have heard of trademarks protecting particular goods and services, which is certainly a valid function of trademarks, but they also serve to prevent others from using the name of your business, among other things. Successfully filing a trademark gives the name of your business, products, and services exclusivity, which helps you prevent your competition from using your brand unfairly. However, unregistered trademarks, sometimes called common law trademarks, might also be able to protect your business, but only in a limited area. Since trademarks are federally protected, any person or business who violates a trademark can be sued, regardless of their intent. A list of all registered trademarks can be found on the United States Patent and Trademark Office (USPTO) website.

The third level is the local level, with the filing of a Doing Business As (DBA) name. Unlike the previous two levels, DBAs do not necessarily provide legal protection, but they might be required due to the structure of your business. They might also be required if the name you advertise and work with (“do business as”) is consistently different from your formal business name. The reason why many business owners choose to file DBAs, regardless of whether they are required to, is because DBAs allow you to operate under a different name from your personal or formal entity name. Some individuals get DBAs confused with brand names. Think of DBAs as a legal alias for the business, and brand names as the public-facing marketing name for the business. Brand names can become trademarked if you want to protect them at a federal level.

The last level of registration I want to cover is the domain name. A domain name, also known as a Uniform Resource Locator (URL), is the name of your business online. You can think of it as the online address of your business; it is where people go to find your business’s website. Domain names are unique in that they do not have to match your DBA, trademark name, or entity name. They can, by and large, be whatever you want, so long as they have not been taken. Also, domain names are exclusive, so nobody can use the same name as your business does. That being said, most small business like to tie their domain name to their DBA or brand name, when possible, because it will be easier to find.

Register Your Business

The actual registration process for your business can be quite a journey, depending on where your business is located, what type of business it is, what the business does, if anything needs to be trademarked, etc. For this reason, I want to provide comprehensive guidance without diving into any specific details, which means some parts of this section may not apply to your business. However, I have done my best to categorize the information in a way that accurately represents the process and is helpful to all types of small business owners. Feel free to download the attached registration checklist to use as you get your business underway!

Once you have selected a business structure and chosen a business name, you must register with the appropriate authorities at the federal, state, and local levels.

Federal

• Register an EIN with the IRS. The registration of an EIN with the IRS will be discussed in the following section
• File a Beneficial Ownership Report (BOI) with FinCEN. This is OPTIONAL for MOST small business owners; as of May 2025, only businesses formed under the laws of a foreign country need to file a BOI report. Visit FinCEN‘s website for updates
• File a trademark with the USPTO to trademark your business or any other aspects or offerings of your business
• If you want to register a non-profit, file for tax-exempt status with the IRS
• If electing an S-Corp, file Form 2553, Election by a Small Business Corporation; please remember, an S-Corp is not a type of business structure itself, it is a designation given to a corporation that “elects” to be taxed under Subchapter S of the IRS Code and is subject to specific rules
• If electing a C-Corp, file Form 8832, Entity Classification Election
• If you are seeking any grants or contracts with the federal government, you will need to register in the federal government’s System for Award Management (SAM)
• Obtain any federal licenses, permits, etc

State

• Register for a state ID tax (discussed in the following section)
• Obtain any state-level permits, licenses, etc
• File state documents and fees
  • If an LLC, file Articles of Organization and LLC Operating Agreement. Some states don’t require the latter, but owners are encouraged to create one nonetheless
  • If a Limited Partnership (LP), file a Certificate of Limited Partnership and a Limited Partnership Agreement. Again, the latter is not typically required (as it is an internal document), but almost always recommended
  • If a Limited Liability Partnership (LLP), file a Certificate of Limited Liability Partnership and Limited Liability Partnership Agreement. As you may have guessed, the latter is internal, and therefore not always required, but almost always recommended
  • If a Corporation, file Articles of Incorporation and Bylaws. Bylaws are similar to partnership and operating agreements in that, while they are not always required, they are recommended, especially due to the wide range of compliance and governance issues faced by corporations.
• Register a DBA (depending on state, this may need to be done at the local/county level)
• File an entity name, if required
• Register for state-specific taxes, like sales and use tax, franchise tax, etc, if applicable
• Register a foreign entity if your business is operating in multiple states; your business is domestic to the original state it was registered with and foreign to any other state you register in. Foreign qualification is typically done by filing a Certificate of Authority with the state you want to operate in
• Appoint a registered agent, if an LLC, C-Corp, partnership, or nonprofit corporation. Many small business owners utilize registered agent services, as registered agents are responsible for sifting through and understanding complex legal correspondence

Additional Tip: Use the lookup function on this SBA article to find your state’s requirements page for new businesses.

Local

• Register a DBA (depending on state, this may need to be done at the state level)
• Apply for licenses and permits as required

Typically, most of the administrative burden of registering a new business has to do with the IRS, state requirements, and any restrictive licenses and permits at the local level.

Obtain Federal and State Tax ID Numbers

Federal and State Tax ID numbers are required for hiring employees, filing taxes, and opening business bank accounts. Even if you are not required to obtain an EIN, they may be helpful when it comes to protecting your identity and establishing your business’s legitimacy.

There are four ways you can obtain a federal tax ID number, also known as an Employer Identification Number (EIN). All four ways are directly through the IRS; do not use third-party sites to obtain EINs. On its website, the IRS states you will need:

1. Your business entity type.

2. The Social Security number or taxpayer ID number of the responsible party in control of your business or organization.

3. If you’re a third-party designee, you must have signed authorization to apply.

The first way to obtain your EIN is by visiting this link and clicking the blue button “Apply for an EIN.” This will take you to a secure portal where you can file Form SS-4, Application for Employer Identification Number (EIN). Note that you may not save the application, and it automatically closes in 15 minutes of inactivity, so be prepared to complete the form in one sitting. Also, if you are forming any type of legal entity, most commonly an LLC or partnership, you will need to get your state tax ID BEFORE you obtain your federal tax ID. If you ignore this, your application may be delayed. If you complete this application correctly, you should receive your EIN immediately. One of the most common reasons online SS-4s cannot be filed online is that the business primarily operates outside the US. In this case, you can apply by phone, or you could choose to fax or mail the form. These options are available to all businesses that could otherwise file online.

If any of the information you listed in the initial application using Form SS-4 changes, you must report it on Form 8822-B within 60 days of the change.

Obtaining a state tax ID number will be important for state tax filings, employee withholdings, corporate income tax returns, and so forth. As stated previously, you need to obtain a state ID tax number BEFORE you obtain an EIN to ensure the process moves smoothly. The process for most states looks fairly similar to the federal process. In most cases, you will be able to visit your local State Department of Revenue (DOR) and file online, mail, or fax the relevant form.

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WHEW! That was a lot, but with these steps completed (and any other steps as required by the authorities) you are off to an excellent start. Many small business owners either miss these requirements or fail to understand which requirements they need to comply with, so by getting familiar with the registration process, you are ahead of the game when it comes to business registration.