# business license and dba



## jackfruit94112 (Apr 9, 2011)

Hi all,

I have questions and hopefully get answers from anybody.
I am suppose to get my seller permit next week. The clerk at the board office told me that seller and resale permit are 2 different things. Once we get seller permit, then we apply for resale permit. Is that what happens ? She is not informative and not helpful at all.

Another question, is dba is the same as business license ?

I live in California, SF and will do ecommerce only.
What are the right steps, how may permit do I need to get? Is business license for city or county ?
Can I apply for the dba before I get the seller permit ? I tried to search online and said it will take 4 weeks since I have to register in the newspaper every week.

Thanks so much all, appreciate it.


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## DivineBling (Sep 14, 2010)

Hi, Jack!

It's terribly confusing! I spent a whole day online researching all of this stuff after I already had my resale license! 
I'm in California, too, so I can help you with the BOE stuff, but I think every city works a little differently. I'll just tell you how I went about getting myself set up as a business owner.

First, I went to the Board of Equalization website and downloaded the application and filled it out. You need to find your local BOE location and take the application in to them. The guy there was super helpful and told me that the resale license and seller's permit are one and the same. From what I know, he's right. It's called a sellers permit, but it's what people are asking for when they ask for your resale license. It's what allows you to open wholesale accounts with companies like Bodek & Rhodes, Broder Bros, Golden State Activewear, and any other wholesale company that sells to resellers only and don't sell to the end user or general public.

Second, I went into my bank and opened business checking and savings accounts. 

Third, I went online to the City of Clovis website and downloaded the forms to apply for my business license. This is what allows you legally to operate a business within the city limits. In Clovis, they offer a break for home based businesses so I think I paid like $25. This is where I'm not sure how the city of San Francisco would be different, because Fresno is right next to Clovis and it's totally different with how they issue business licenses.

Next I googled DBA or Fictitious Business Name for Fresno County and found the form to download and fill out on the county website. I printed it out and mailed it in. Once they approved it, they sent it to me and I had one month to submit it for a 4 week publication in a local newspaper with a list of a whole bunch of publications and their contact info. I chose a very tiny paper that only charges $20 for the entire 4 week time period. I just had to mail the form that the county clerk mailed back to me. They also issued a copy for the bank that I took into my bank for their records. (I don't know if all banks allow you to open an account without this paperwork in advance.)

While doing this research, I discovered that I also needed a federal tax id number so I quickly filled out that form and submitted it right online and was issued a number for free immediately.

All of this didn't happen in one day, but if I had known about all of the steps necessary, I would have spent a whole day just getting it all taken care of and done so I was totally legit from day 1. I think it was like 2 weeks from the time I got my seller's permit until the time I had my last t crossed and i dotted.

I hope this helps you in some way!


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## jackfruit94112 (Apr 9, 2011)

Hi Stephanie

Thanks lot for the answers !
I also went to the SF website to find out more for the dba and federal tax id. I think it requires me to apply for the federal tax id first and then the dba.

It is definitely helps me a lot with your info. I am not lost anymore.

I guess I will start doing those steps next week and should not have to wait until my seller permit to come. Thank you so much.


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## DivineBling (Sep 14, 2010)

If you go into the BOE office, they should issue you your seller's permit immediately. I walked out of the office with my license in hand. 

I think you're right about the Federal I'd number. That's probably how I realized I needed one! You can get the Federal id number right away when you apply for it online. I did all of that stuff on a Saturday. 

Anyway, I'm so glad I could help! 

Stephanie 


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## jackfruit94112 (Apr 9, 2011)

Hi Stephanie,

Thank you for your reply. I did went to BOE office but take the application home.

If I am planning to go wholesale/ bulk selling online, do I waive the sales tax ? It's suppose to be retail ecommerce, but maybe later in the future.
Do I need any other permit then ?

I am looking to sell my stuff at the farmer's market. Went to one location this morning and there are 2 jewelry vendors. Not sure if I can sell my organic tees there. I should find a way to market them as well.

Thank you again !


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## charles95405 (Feb 1, 2007)

If you have a sellers permit (resale lic) you can buy wholesale and not pay sales taxBUT when you sell anything retail in California, you MUST collect sales tax and send that to BOE when they give you a date. sales made to out of state buyers do not require you to collect taxes....but all the states are looking at this


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## Rager500 (Apr 17, 2011)

I'm down the road in RENO and could use any information also. I will be moving to CALIFORNIA in the future but need to sell out of NEVADA for now.. Any info???


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## jackfruit94112 (Apr 9, 2011)

Hi Charles,

What I mean is that when my customers in California want to buy wholesale from me. I will give discount/ wholesale price. But do I waive their sales tax ?
When I buy from the manufacturer to sell retail, I don't pay the sales tax since I have the resale permit. Is that the same thing when someone buy from me to sell them again ? So I should ask their resale permit ?

Thanks Charles !


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## DivineBling (Sep 14, 2010)

Yes, if they have a resale license also, you need to get a copy of it and have them fill out a form (it's also on the BOE website) and keep it on file. Then you can waive taxes for them.


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## jackfruit94112 (Apr 9, 2011)

Hi,

Just got my business registration. I mailed the form and took a while for them to approve it. I guess it is because of the renewal season. And now I got to pay the renewal fee, because it applies to new business also.

Questions again, please drop answers if you know. Thanks.
I guess next step is to post the business name in the newspaper for 4 weeks. What section is that in the newspaper ? I live in San Francisco. Must be local paper ?
How do I find the form ? Do we call in or we mail the form ?

Thank you again !


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## DivineBling (Sep 14, 2010)

You can do just about any paper I think. I used a tiny little paper about an hour out of town that only cost me $20 for all 4 weeks. You need to mail them the copy of your dba and a check for whatever it costs for that paper and they'll start publishing it for you. 
On Monday, call some local papers and ask how much and where to send your form for the fictitious business name section.


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## jackfruit94112 (Apr 9, 2011)

Hi Stephanie,

Thank you !
I guess I am on the right track then.
Call the newspaper, ask their fees and mail "The copy" of the license. 

After this, then I am done. I have the tax id, btw. Filed it online and got it in seconds.

Have a great weekend ! Clovis must be hot today ! Here is warm, we never gets really hot.


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## DivineBling (Sep 14, 2010)

No problem! It's supposed to rain tomorrow so it's pretty cool actually! But it was super warm all week.


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## breakingbank (May 9, 2012)

Hi, my name is Bia. Im 18 and im starting my business called Breaking Bank. So far, I have the creative aspect under control and looking for business and legal advice. I have a website up and running (nothing fancy) but I need help on what to get like business license, dba, or llc. I am currently online based and running out of my home in Alabama and not worried about being sued, but worried about protection of my name. Please help me in whats next. (my website is breakingbank.bigcartel.com, facebook.com/breakingbank or twitter.com/breaking_bank)


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## ironchef (Apr 28, 2012)

Hey guys, just google dba vs llc.... but llc is the way to go!

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## DivineBling (Sep 14, 2010)

ironchef said:


> Hey guys, just google dba vs llc.... but llc is the way to go!
> 
> Sent from my Xoom using T-Shirt Forums


Just curious as to why you think LLC is the way to go for sure?

We have an LLC but I'm wondering what your reasons are for feeling so strongly about it.


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## ironchef (Apr 28, 2012)

Well, i have an s corp. But was formed over 15 years ago... llc are quite new, and they offer almost the same limited liability that the s corp does. U dont want to do a dba, thats using your social security and your liable for everything. Now you could very well open a llc and start a different name(dba) under the llc. Name. So that way your personal assets cant be touched. Also llc is cheaper, and theres less annual paperwork you have to file compared to the corp. Or s corps structures

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## WillingToLearn (Jun 21, 2012)

I joined just to participate in this thread!

I am interested in starting as an LLC. Do I need to do that before going to the BOE for a seller's permit? Also, does my LLC need to be my brand name, or can I register another unique LLC name, and get a DBA for my brand name?


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## kimura-mma (Jul 26, 2008)

Yes, you should register the LLC first, then apply for the sellers permit.

Your LLC name can be whatever you want. It doesn't have to be the same as the brand name. You can register a DBA for the brand name if you want, but you may want to register a trademark instead.


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## WillingToLearn (Jun 21, 2012)

kimura-mma said:


> Yes, you should register the LLC first, then apply for the sellers permit.
> 
> Your LLC name can be whatever you want. It doesn't have to be the same as the brand name. You can register a DBA for the brand name if you want, but you may want to register a trademark instead.


Thanks for the quick reply Tim! I am going to send that out first thing in the morning.


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## DivineBling (Sep 14, 2010)

kimura-mma said:


> Yes, you should register the LLC first, then apply for the sellers permit.
> 
> Your LLC name can be whatever you want. It doesn't have to be the same as the brand name. You can register a DBA for the brand name if you want, but you may want to register a trademark instead.


Right... And keep in mind that it takes awhile for the LLC to be filed with the SOS and you can't even turn in your BOE paperwork until its been filed. 

So if you need your seller's permit right away, you can always go down and get one as a sole proprietorship, but you will need to reapply and they will give you a new number when your LLC is filed. They won't let you keep the same number. 

It takes anywhere from 4-8 weeks for the LLC to be filed.


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