I'm trying to get an EIN for a new LLC I'm forming, but the state registration hasn't gone through yet. I heard the IRS won't give you an EIN until the LLC is officially registered. Is that true? Do I have to wait for the state to approve before applying? Also, I'd rather not give my SSN if I can avoid it. Any workarounds?
LLC
Can the IRS issue an EIN to an LLC that isn't registered yet?
You can apply for an EIN before the LLC is registered, but you need to have the Articles of Organization filed or at least ready to file. The IRS doesn't actually verify state registration when you apply online. Just don't lie on the form.
Wait, really? I thought you had to have the state formation document firsst. The SS-4 instructions say the responsible party must be a real person, and you need a valid taxpayer ID. But I've seen people apply before the LLC is approved. It's a gray area.
Actually, the IRS explicitly allows you to apply for an EIN before the LLC is registered if you're forming it. You just need to indicate on the SS-4 that the LLC is not yet formed and provide the responsible party's info. No SSN required if you're not a US person? Wait, OP didn't say that.
I'm a US citizen, so I do have an SSN. I just don't want to give it out because of privacy. Is there a way to use the LLC's info instead?
No, you can't avoid giving your SSN as the responsible party. The IRS requires it. If you're that worried, use a nominee or a registered agent service that offers EIN services, but that has its own risks.
I've done this twice. Applied for EIN before the LLC was approved. No isssues. The IRS doesn't check with the state. Just make sure you file the Articles first so you have a formation date to put on the form. If you haven't filed yet, you might be committing fraud by saying you're forming an LLC when you're not.
This is bad advice. The IRS can and does cross-check with states. If you apply before the LLC exists, you're lying on a federal form. Not worth it. Wait until you get the approval.
They don't cross-check at the time of application. Maybe later. But plenty of people do it. The SS-4 instructions actually say: 'If the entity is not yet formed, write "Not yet formed" on the line for the state formation date.' So it's allowed.
That's for the paper form. Online application might not have that option option. And OP, if you're worried about SSN, you can use a Form SS-4 and check the box for 'responsible party' and then attach a statement. But you still need to provide it. There's no way around it unless you're a foreign person.
Let's not overcomplicate. OP, just file the Articles of Organization with your state, wait for the approval, then apply for the EIN online. Takes a few days. Why rush? Unless you Need the EIN to open a bank account or something.
I need the EIN to open a business bank account, and the bank wants it before they'll let me sign the lease. But I can't get the lease without the bank account. Catch-22. So I'm trying to speed things up.
You can use your SSN for the bank account initially and then update it with the EIN once you get it. That's what I did. No need to rush the EIN.
Banks usually require the the EIN for a business account. But some will let you open with a pending EIN application. Call around. As for the IRS, just apply after you get the state approval. It's not worth the risk.
I still say wait. The IRS has a specific question on the SS-4: 'Is this entity a corporation, partnership, etc.?' and you have to provide the state and date of incorporation. If you don't have it, you might get rejected or flagged. Not worth it