DBA Question

[NicholasV]

What is the name of your state? NY

I live in NY im currently thinking about getting a DBA name to legitimately make my presence known on web etc and make a internet radio/film company but it will probably not make any type of income for a minimum of 1 yr my question is
Since im in NY ive been told i can register a business name as my name DBA ...
but i have no idea of costs , what this involves, what my responsibilites are, taxes, laws,

I will be doing internet radio talk podcast shows, live shows, Live music from bands that give me permission to play there music thats not against bmi etc or podsafe music, interviews from celebrities and no income from that (maybe some time down the road)

I will also be making short films and maybe a indie film as well as working with other amateur filmmakers to show the films on a website, promote it etc but make no income off of that until sometime down the road. It would be a small company that id run myself with no income etc other than opening a business account and maybe purchasing a new computer/video equipment and maybe 1-2 other volunteers. Any actors would be volunteer until further down the road...

help do i go llc The company will have a title ending with Entertainment or what??

also do i make this a parent company then as a make short films do i do something different under parent company or what as i said for a minimum of at least 6 months from start i wont be looking to see any income at all.. and all will be produced and advertised and shown on internet, conventions etc and if there is a interest then i miht look to go to dvd for distribution but not from the start...

Also how do I handle other filmakers amateurs that go along with me, I still run my company myself but i want it protected to if anything ever goes wrong my personal assetts cant be touched only ht companies.

Im in Long island NY

also what kind of permits do i need to do documentaries and costs as opposed to doing films in public places that DO NOT hinder the public would consist of mostly vacat areas with maybe buildings but no people except for the few in the film

 

[quincy]

In New York, state law provides that the County Clerk's office files certificates for persons conducting business under an assumed business name (DBA), and filing generally occurs in the county where the business is located. Most of what you will need to do can be done at the County Clerk's office, after picking up business certificates (obtained at office supply stores, or you may check this site). You will want an "Original" DBA filing. DBA certificates must contain specific information, including the name of your business. You can check to see that your name is unique by checking records at the Clerk's office. It used to cost around $35 to file your DBA, and get two certified copies (one for your records and one for your business bank account), but you might check with the clerk on the cost. All certificates are filed with the clerk and processed through the New York State Department of State. This web site will provide you with more information: www.dos.state.ny.us

Wait for other responses to your other questions.

 

[pcgumshoe]

If an issue of liability may come up in the future, you may want to consider some form of corporation. You will have to check what the NY laws are regarding corporations doing business in NY requires. Some states require that you register an out of state corporation and this can add all sorts of tax concerns.

If there isn't a liability issue (i.e. you or the D.B.A. will never likely be sued in the future for anything like playing a "sample" of another musicians song) then your name, say Joe Smith d.b.a. XYZ Podcasting would be fine. Where liability MIGHT be an issue and let's say that you own a house and stocks, bonds and other assets worth protecting, an LLC or Corporation DBA as your company might be a good idea.

I'm sure some reasonable person will post some good advice here for you, but always remember when in doubt, pay to check it out!

Oh, one other thing, even though you won't make money originally, the I.R.S. (assuming you get a EIN) will allow you a certain period of time to make a profit, otherwise they will consider what you are doing as a hobby. If you plan on getting a checking account (and business credit) while protecting your assets, you will need an EIN for the bank rather than your SSN (They will still ask for all signers to provide one to check against chexsystems).

If you do go the corporation route, research "piercing the corporate veil" and keep that in mind when money is used in the business... otherwise you could end up putting your assets in peril should liability arise.

Best of Luck, I'm not a lawyer and I don't play one like some of these people, this is my FREE ADVICE based on my experiences in the business arena.