To register a business name and get an EIN, do these five steps in order: (1) pick a name and run it through the availability triple-check (state database, USPTO trademark, domain), (2) decide your structure — a DBA (sole proprietor) or an LLC, (3) register with your state (file a DBA with the county/state, or file LLC Articles of Organization with the Secretary of State), (4) get your EIN free at IRS.gov, and (5) open a business bank account with the two together. The name comes first, the structure decides how you register, and the EIN comes last.

The biggest mistake first-timers make is treating "register my name" and "get an EIN" as the same step. They're not, and doing them out of order causes do-overs. Here's the exact sequence, with real costs and a 60-minute checklist at the end.

The order of operations (read this first)

Most confusion comes from not knowing what depends on what. Before any forms, here's the map:

  1. Name → you can't register anything without a name candidate that's actually available.
  2. Structure → DBA or LLC. This decides what you file with the state.
  3. State registration → this is what people mean by "registering your business name."
  4. EIN → issued after you know your structure (an LLC needs to exist first; a sole proprietor doesn't).
  5. Bank account → needs your registration and your EIN.

Notice the EIN is step 4, not step 1. You technically can get a sole-proprietor EIN early, but for an LLC you want the LLC formed first so the EIN attaches to the right legal entity. Get this order wrong and you may have to refile — annoying, but fixable.

Step 1: Pick a name and run the triple-check

A name isn't "yours" just because it sounds good. Three different systems can each block you, and they don't talk to each other:

  • State business database — is the legal name already taken in your state? Search your Secretary of State's free business entity search (Google "[your state] secretary of state business entity search"). If an LLC with your exact name exists, your filing is rejected.
  • USPTO trademark database — could someone sue you for the name? Search the federal USPTO trademark database (the tool is called TESS/the Trademark Search system). A clean state result means nothing if someone holds a national trademark.
  • Domain and social handles — can customers find you? Check that the .com and your main social handles are free.

A name only passes when it clears all three. Checking one and assuming the rest are fine is exactly how people end up rebranding six months in. For the full method, see how to choose a business name and check availability.

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Step 2: Decide your structure — DBA vs LLC

This is the step most guides skip, and it's the one that actually matters. A DBA and an LLC are not the same act, and they carry different legal consequences.

DBA ("Doing Business As") LLC (Limited Liability Company)
What it is A registered nickname for you or your business A separate legal entity
Liability protection None — you and the business are the same Yes — separates personal and business assets
Cost (typical) $10–$100 one-time $50–$500 to file, plus annual fees in many states
Best for Testing an idea, low-risk side hustles Anything with real liability, clients, or money at stake
Tax filing On your personal return (Schedule C) Pass-through by default; can elect S-corp later

A DBA just lets a sole proprietor operate under a name other than their own legal name. "Jane Smith" filing a DBA for "Riverbend Bakery" is still Jane Smith legally — if the business is sued, her personal savings are exposed. A DBA gives you a business name; it gives you zero liability protection.

An LLC creates a separate legal entity that shields your personal assets. It costs more and adds annual paperwork, but for most people taking this seriously, it's worth it. If you're truly just testing, a DBA is fine to start — you can convert to an LLC later.

The point: make this choice before you register, because it changes which form you file and where.

Step 3: Register with the state

Now you "register your business name." What you file depends on your structure.

If you chose a DBA (sole proprietor):

  • File a DBA / "fictitious business name" / "assumed name" form — sometimes with the county clerk, sometimes the Secretary of State, depending on your state.
  • Cost: usually $10–$100. Some states (like New York and California) also require you to publish the DBA in a local newspaper — budget another $40–$200 if so.

If you chose an LLC:

  • File Articles of Organization with your state's Secretary of State.
  • Cost: $50–$500 depending on state (e.g., ~$50 in some states, $300 in Texas, $500 in Massachusetts).
  • Name a registered agent (an address in the state to receive legal mail — can be you, or a service for ~$100–$150/year).
  • Many states charge an annual report / franchise fee to keep the LLC active. Check yours so it doesn't lapse.

For a state-by-state walkthrough, see how to register a business step by step.

Once your filing is approved (often instant to a few business days online), your name is officially registered. Now you get the EIN.

Step 4: Get your EIN free from the IRS

An EIN (Employer Identification Number) is a free, nine-digit federal tax ID — a Social Security Number for your business. Here's how:

  1. Go directly to the EIN application page on IRS.gov — the only legitimate source — and click "Apply Online Now." The tool is open Monday–Friday, 7 a.m.–10 p.m. ET.
  2. Have your structure, legal name, and address ready. For a single-member LLC, you'll be the "responsible party" using your SSN. Complete it in one sitting (it times out after ~15 minutes idle).
  3. You get your EIN immediately on screen — download the confirmation letter (CP 575) right then. Free, about 10 minutes.

Avoid the paid-EIN scam sites. Search "get an EIN" and you'll see ads for sites that look official and charge $75–$300 to file the same free form. If any site asks for payment for an EIN itself, close the tab — the IRS never charges for one. (For the full breakdown of what an EIN is and who needs one, see what is an EIN and do I need one?)

Common situations the basic guides skip

"I'm a single-member LLC with no employees — do I even need an EIN?"

Legally, no — a single-member LLC with no employees can use the owner's SSN for federal taxes. But practically, get one anyway. Banks routinely require an EIN to open a business account, vendors and processors ask for it, and using an EIN instead of your SSN on W-9s keeps your Social Security Number off documents. It's free, so there's no reason to skip it. (The same applies to sole proprietors — no LLC required to get one. More in do I need an EIN for a sole proprietorship?.)

"I'm a non-US citizen with no SSN."

You can still get an EIN — the IRS online tool just won't work, because it requires an SSN or ITIN. Instead:

  • Complete Form SS-4 (the paper EIN application). Write "Foreign" where it asks for an SSN/ITIN if you don't have one.
  • Mail or fax it to the IRS, or call the IRS international line at +1-267-941-1099 (not toll-free, Monday–Friday) — non-US applicants can apply by phone.
  • Turnaround: phone is fastest; fax ~4 business days; mail several weeks.

The SBA's guide to federal and state tax IDs is a solid plain-English reference.

The 60-minute checklist

Most of this fits in a focused hour (state approval and mailed forms may add days):

  • [ ] Name (10 min): picked a candidate and confirmed it's easy to say and spell.
  • [ ] Triple-check (15 min): searched state database, USPTO trademark, and domain/social. All clear.
  • [ ] Structure (5 min): decided DBA or LLC, and you know why.
  • [ ] State registration (15 min): filed the DBA or LLC Articles of Organization online (or noted the mail-in steps). Paid the fee.
  • [ ] EIN (10 min): applied free at IRS.gov, downloaded the CP 575 confirmation letter. (International? Started Form SS-4 instead.)
  • [ ] Save everything (5 min): filed your state confirmation and EIN letter where you'll find them — the bank needs both.

Next stop: open a business bank account with your registration and EIN in hand — then you're operating for real.

Frequently Asked Questions

Do I need to register my business name with the state before I can get an EIN?

For an LLC, yes — form the LLC first so the EIN attaches to the right entity. For a sole proprietor, no — you can get an EIN without a formal name registration, since it ties to you. The clean order is name → structure → state registration → EIN.

How long does it take to register a name and get an EIN in the same week?

Easily, in most states. Online LLC filings are often approved instantly or within 1–3 business days, and the IRS issues your EIN immediately on screen once your entity exists. Mailed DBA filings or newspaper-publication rules can add a week or two.

Is registering a business name the same as trademarking it?

No. State registration (DBA or LLC) reserves the name within your state. A trademark protects it nationally against others using it for similar goods or services — a separate USPTO filing. Clearing the state database does not mean you're trademark-safe.

How much does it cost to register a name and get an EIN?

The EIN is always free from the IRS. State registration is the only real cost: roughly $10–$100 for a DBA or $50–$500 for an LLC, plus possible annual fees and a registered-agent service (~$100–$150/year). Anyone charging for the EIN itself is a scam.

Can I change my business name later if I outgrow it?

Yes, but it's paperwork. You'd file an amendment with your state and may need a new DBA — your EIN usually stays the same, and you notify the IRS of the name change. It's much easier to run the triple-check carefully up front than to rebrand later.