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V. Do you need an EIN?

RegSenseCompensationAssociate Benefits & CompensationAgency PublicationCompliance DocsFocus AreaTaxes, EmploymentHuman Resources

Understanding your Employer Identification Number

Sole Proprietors

NO, IF

  • You change the name of your business
  • You change your location or add other locations
  • You operate multiple businesses

See Chapter VI, "How to Apply for an EIN".

YES, IF

  • You are subject to a bankruptcy proceeding
  • You incorporate
  • You take in partners and operate as a partnership

See Chapter VI, "How to Apply for an EIN".

Corporations

NO, IF

  • You are a division of a corporation
  • The surviving corporation uses the existing EIN after a corporate merger
  • A corporation declares bankruptcy

See Chapter VI, "How to Apply for an EIN".

YES, IF

  • A corporation receives a new charter from the secretary of state
  • You are a subsidiary of a corporation using the parent's EIN or
  • You become a subsidiary of a corporation
  • You change to a partnership or to a sole proprietorship
  • A new corporation is created after a statutory merger

See Chapter VI, "How to Apply for an EIN".

Partnerships

NO, IF

  • The partnership name changes
  • The partnership declares bankruptcy
  • 50% or more of the ownership of the partnership (measured by interest in capital and profits) changes hands within a twelve-month period (terminated partnership under Reg.301-6109-1)
  • You change the location of the partnership or add other locations

See Chapter VI, "How to Apply for an EIN".

YES, IF

  • You incorporate
  • One partner takes over and operates as a sole proprietorship
  • The partnership is terminated (No part of any business, financial operation, or venture of the partnership continues to be carried on by any of its partners in a partnership) and a new partnership is begun

See Chapter VI, "How to Apply for an EIN".

Estate Trust

NO, IF

  • The administrator, personal representative, or executor changes his/her name or address
  • The trustee changes
  • The grantor or beneficiary changes name or address

See Chapter VI, "How to Apply for an EIN".

YES, IF

  • A trust is created with funds from the estate (not simply a continuation of the estate)
  • You represent an estate that operates a business after the owner's death
  • One person is the grantor/maker of many trusts
  • A trust changes to an estate
  • A living or intervivos trust changes to a testamentary trust
  • A living trust terminates by distributing its property to a residual trust

See Chapter VI, "How to Apply for an EIN".

['Compensation']
['Taxes, Employment']
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