Your EIN, the responsible party, and what a DBA actually is
- Brandi Joffrion
- Sep 1, 2024
- 2 min read
Three separate things that get confused constantly.
The EIN
A federal tax identification number for your entity. You apply directly with the IRS and it's free.
Any service charging you for one is charging for the typing.
Two things go wrong. The name on the EIN doesn't exactly match the name on your state filing, which stops bank applications. Or someone gets an EIN before forming the entity, so the number is attached to something that doesn't exist yet.
The responsible party
When you apply for an EIN, you name a responsible party — an individual who controls or manages the entity. Not a company. A person.
This trips people up because they name whoever filled in the form, which might be a filing service employee or an accountant. That person then appears in IRS records as responsible for your entity.
If the responsible party changes, there's a form to update it. Almost nobody files it.
The DBA
"Doing business as," also called a trade name or fictitious name. It's a name you operate under that isn't your entity's legal name.
A DBA is not an entity. It creates nothing, protects nothing, and owns nothing. It's a registration saying "this company also goes by this name."
People sometimes think registering a DBA gives them a separate business. It doesn't. The liability, the taxes, and the obligations all belong to the underlying entity.
How these fit together
Your entity has a legal name from the state. It may operate under one or more DBAs. It has one EIN. That EIN has one responsible party, who should be a real person currently involved with the company.
When those four things agree, banking is easy and filings are simple. When they don't, everything
takes longer.
What to do
Check your EIN letter against your state filing, character for character. Check who's listed as responsible party and whether that's still accurate. And if you have DBAs, confirm they're registered where you actually use them.
This is general information, not legal advice for your situation. If you want an answer for your business, book a consultation.
