Employer Identification Number

Depending on the type of business or legal entity that you own and/or manage, under different circumstances, the Internal Revenue Service does NOT require you to apply for a new federal employer number (aka an IRS FEIN).

When Does A Corporation Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You change the name of the corporation;

• You change the location of the business and/or add new business locations;

• You complete and file IRS Form 2553 (Election By A Small Business Corporation);

• You are a branch of a larger corporation;

• You (the remaining corporation after a merger) continue to use the previously issued IRS FEIN;

• You change the corporation's form, identity, and/or place of organization after a company reorganization;

• You sell the corporation and all the charters, assets and liabilities are also acquired by the purchaser; and/or

• You declare corporate bankruptcy*.

*If you establish a liquidating trust for the corporation in bankruptcy, then you must apply for an IRS FEIN for the liquidating trust.

When Does A Limited Liability Company ("LLC") Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You change the name of the LLC;

• You change the location of the business and/or add new business locations;

• You convert an existing partnership to a LLC (which is taxed federally as a partnership);

• You choose to be taxed as a corporation or as a S corporation and already have an IRS FEIN for the LLC;

• You report income tax as a branch or division of a corporation or another entity and the LLC has no employees or excise tax liability; and/or

• You are a single member LLC (which is a LLC with only one (1) owner) newly formed under state law which is NOT taxed as a corporation or S corporation and does NOT need to file employment and/or excise tax returns*.

*An IRS FEIN is not needed for federal tax purposes, but a single member LLC may still apply for a federal employer number for banking and/or state tax purposes.

When Does A Partnership Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You change the name of the partnership;

• You change the location of the business or add new business locations;

• You declare bankruptcy on behalf of the partnership**; and/or

• You terminate the partnership by selling at least half of the capital and/or profits of the partnership within the span of a year to another general partner***.

**If a liquidating trust is set up for the bankrupt partnership, then you must apply for an IRS FEIN for the liquidating trust.

***If the new buyer & the existing general partners immediately apply the capital and/or profits to a new partnership, then they can continue to use the previous partnership's IRS FEIN.

When Does A Sole Proprietorship Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You change the business name;

• You change the business location and/or add new locations for the same business; and/or

• You manage several branches or businesses, which are part of the same entity.

When Does An Estate Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You change the name and/or address of the executor, representative, and/or administrator of the estate; and/or

• You change the beneficiaries of the estate.

When Does A Trust Not Need A New EIN?

You do NOT have to apply for a new federal employer number (aka an IRS FEIN) if any one (1) of the following statements are correct:

• You (the grantor) change your name and/or address;

• Your beneficiary changes his/her name and/or address; and/or

• You change the trustee of the trust.