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General Partnership (Texas) - any assistance is appreciated Texas

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  • General Partnership (Texas) - any assistance is appreciated Texas

    We are researching/preparing to launch an internet retail business as a general partnership; to my understanding, we need the following:
    1. EIN
    2. Sales and Use Tax Certificate
    3. Possibly a dba/Assumed Name Certificate

    I've read that if the name is straighforward (Last Name & Last Name, for instance) there is no filing required. Correct? So, in essence, I can file for an EIN and Sales and Use Tax Certificate as Last Name & Last Name with no preceding registration? (We would like to leave these registrations/filings as general as possible so that we might use it as an umbrella for multiple/diverse ventures undertaken by the partners)

    If so, can I then file a dba for a specific venture name, domain name, etc ( or multiple dba's) and have them all under the Last Name & Last Name umbrella as far as the IRS/income and Texas/sales tax are concerned? If so, would I need any further documentation or registration to do so?

    Seems a bit odd to me considering Last Name & Last Name would not appear anywhere on the dba's, but I suppose it could be inferred from the two full names listed on the dbas?

    Further, it is my understanding that partners must make estimated quarterly payments for income tax; would such payments commence at time of filing for an EIN or at time of commencing business/transactions?

    My most sincere gratitude for any assistance or information anyone/everyone can provide.

    P.S. We understand and acknowledge that an LLC might be the best structure to utilize, but we would like to see how the venture fares in the first 6 months - year before taking on the additional expense and administrative hassle of converting to an LLC.

  • #2
    It has been iterated to me that, regardless of minimum requirements, it might be wise to file a dba for Last Name & Last Name.

    That said, when filing subsequent dba's to operate under variations on/additional names, is it proper/best to file simply as Alias Company, OR is it proper/best to file as Last Name and Last Name dba Alias Company? If we do the latter, would we still be able to conduct business as Alias Company?

    For clarification, this question originates in Travis County; the actual form for Assumed Names/DBAs can be found herehere. There isn't much (any) literature on the matter, and the deputy clerk? at the County Clerk's office is not very knowledgeable or helpful. Hopefully, I can obtain some clarification short of retaining an attorney.

    Again, thanks for any input/insight/information anyone can provide
    Last edited by daohq24; 03-31-2010, 12:34 PM.


    • #3
      This publisher is awesome for self help books of all kinds, including what you're asking.

      I don't know about your state, but in CA if you use your last name in the business name, you don't have to file a dba. BTW, always check domain names first when choosing a business name, to make sure you can get something that's as close to your business name as possible. The DBA questions will likely be answered in one of the Nolo books.

      EIN is a 5 minute procees, you'll get the number right away. Sales and Use cert (will you be selling product or services?) is with the state.

      As for your partnership and possible LLC, use the Nolo books, they have one for forming an LLC in Texas, and one on partnerships. You MUST read the one on partnerships right away, you can get really screwed if you don't know what you're doing on that agreement.

      Good luck!
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.