Understanding Trade Names in Maryland: A Comprehensive Guide

What is a trade name in Maryland?
A Trade Name is a ‘Trading As’ name, which may be different from the legal name of the business as registered with the State of Maryland. Please note that a Trade Name is not the same as a Trademark. For more information on how to register a Trademark in Maryland, refer to the Trademarks and Servicemarks FAQ.
Read more on egov.maryland.gov

A trade name is a name that a company uses to represent itself to the public in Maryland. It is sometimes referred to as a fictional name or a DBA name. A trade name is, to put it simply, the name by which a company conducts business and is recognized by its clients. Trade names in Maryland must be registered with the SDAT (State Department of Assessments and Taxation).

A business must first perform a name search to make sure the name is accessible for use before registering a trade name in Maryland. You can accomplish this via mail or online on the SDAT website. After the name has been authorized, the company must submit a Trade Name Application to the SDAT along with a fee. The application must contain the name and address of the applicant, the business, the owner(s), and the person who will be in charge of the trade name.

S corporations, or businesses that have chosen to be taxed under Subchapter S of the Internal Revenue Code, are recognized in Maryland. This enables the corporation to pass through income, deductions, and credits to the shareholders rather than paying federal income tax at the corporate level. The corporation must first be formed as a normal corporation in Maryland before filing Form 2553 with the Internal Revenue Service (IRS).

A Subchapter S corporation is the same as a S Corp. It is a specific kind of corporation subject to Subchapter S taxation under the Internal Revenue Code. This enables the corporation to pass through income, deductions, and credits to the shareholders rather than paying federal income tax at the corporate level. The profits and losses are subsequently reported by the stockholders on their individual tax filings.

Depending on the particular requirements of the firm, an LLC or a S Corp may be preferable. LLCs provide flexibility in terms of ownership structure, taxation, and management. Additionally, they are simpler to set up and keep than S corporations. S companies, on the other hand, provide minimal liability protection and tax advantages. They are perfect for companies with a few shareholders who want to avoid double taxes.

The selection between an LLC and a sole proprietorship ultimately comes down to the needs and objectives of the company. Creating a sole proprietorship is simple, and there is no paperwork or legal expense involved. The owner is, nevertheless, liable for all debts and obligations of the company and they provide no liability protection. LLCs, on the other hand, provide limited liability protection and more management and taxation flexibility. Additionally, they make it possible to recruit new members and raise money.

Trade names are crucial to conducting business in Maryland, to sum up. They are registered with the State Department of Assessments and Taxation and permit businesses to operate under a name other than their legal name. S corporations, which have chosen to be taxed under Subchapter S of the Internal Revenue Code, are recognized in Maryland. The option to pick between an LLC and a sole proprietorship ultimately depends on the objectives and purposes of the business, and whether an LLC or a S Corp is preferable depends on the particular demands of the business.

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