Is It an Issue If My New Entity Has an EIN Previously Obtained Online?

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If the entity has merely changed names, then in most cases it would not be an issue for it to continue using a previously obtained EIN. However, if it is indeed an entirely new entity, then you would need to obtain a different business EIN number by filling out a new tax ID application.

Business Classifications

The rules as to whether a business must fill out a new EIN number application vary depending on whether the business is classified as a corporation, a partnership, or a sole proprietorship. For example, a corporation that files for bankruptcy is not required to obtain a new EIN, but a sole proprietorship that files for bankruptcy is. Here are some other examples of how the rules vary. This list is not all-inclusive:

Corporations:

A corporation is not required to obtain a new EIN in the case of bankruptcy, changes in location or name, or if the corporation chooses to be taxed as an S-corporation. However, in cases of a statutory merger that creates a new corporation, a new charter received from the secretary of state, or becoming a subsidiary, a new EIN is required.

Partnerships:

If a new partnership is formed after an old one has ended, the new partnership must obtain a new EIN. If one of the partners takes over the partnership and runs it as a sole proprietorship, the sole proprietor must obtain a new EIN. A new EIN will also be required if the partnership incorporates.

Sole Proprietorships:

A sole proprietor who operates multiple businesses is not required to obtain a new EIN, nor is it required if the proprietor adds new locations or changes the business’ name. However, if the classification of the business changes via incorporating or taking in new partners, a new EIN would be required. A sole proprietor would also be required to apply for EIN if subject to a bankruptcy proceeding.
Essentially, any time a business classification changes, i.e. a sole proprietorship becomes a partnership or a partnership incorporates, a new EIN will be required.

How To Obtain EIN

An EIN application may be filled out and submitted online. IRS-EIN-Tax-ID.com offers a simple three-step application process.

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