1. How to Obtain an EIN Number for LLC
2. Responsible Party Definition
3. Steps for Requesting an EIN
4. LLC Tax Treatment
5. Frequently Asked Questions

How to Obtain an EIN Number for LLC

If you want to learn how to obtain an EIN for your LLC, you’ll want to ensure that all other requirements have been met before you can obtain your EIN. An EIN, referred to as an Employer Identification Number, is the LLC’s business entity number, similar to that of a social security number. When submitting an EIN request form, the form itself will need to be filled out by a responsible party, either a member or third party authorized to conduct business on behalf of the LLC

Responsible Party Definition

The responsible party is the one with control over the LLC assets, or the individual or business with authority to manage the LLC. If the LLC has multiple members, they can choose to have a single member act as the responsible party (the manager) of the LLC’s daily operations. As previously noted, the responsible party will submit the request form for obtaining the LLC’s EIN.

Steps for Requesting an EIN

You can submit your EIN request online, by mail, by fax, or even in person with the Secretary of State’s office in the state in which you plan on operating in. There is information that will need to be provided in the EIN request form, including:

  • Business name/address
  • Responsible party name/address/SSN
  • LLC member names/address/SSN
  • Purpose of requesting an EIN
  • Anticipated wages

If you are submitting the request online, you are required to submit the information all at once, and cannot save information and later continue submitting additional information regarding your LLC. You will be provided with an EIN within 30 minutes after submitting it. However, this is only if you submit the request online between the hours of 8 a.m. and 10 p.m. Pacific standard time (PST).

If you choose to submit the request by mail, it could take roughly four to five weeks, depending on how many other requests are coming in. You can also submit your request via fax, which takes up to four days to process. For international applicants, it might be best to call in the request. If you choose to go this route, you will call the IRS hotline at (267) 941-1099 between the hours of 6 a.m. and 11 p.m. PCT Monday through Friday.

You can also apply through your state office, as some states participate in a program known as the Fedstate Federal Employer Identification Number project. You will then receive your EIN via email after your state processes your request.

If, at any time, you misplace your EIN, you can simply call the IRS hotline to obtain your ID number. However, keep in mind that the person requesting the number must be the responsible party who is acting on behalf of the LLC, whether that party is an individual member or person representing the business who acts as the LLC’s manager.

LLC Tax Treatment

You can operate as either a single-member or a multi-member LLC. For tax purposes, you can elect to be taxed as either a partnership or a corporation. Keep in mind that as a single-member LLC, you can also elect to be taxed as a disregarded entity. Therefore, if you own a single-member LLC and choose to be viewed as a disregarded entity, then you will essentially operate as a sole proprietorship.

Frequently Asked Questions

  • What if I already have an EIN and my business structure changes? Will I be required to obtain a new EIN?

Yes. If, for example, you operate as an LLC, and wish to convert to a corporation, you will likely need to apply for a new EIN. Similarly, if you operate as a corporation, partnership, or sole proprietorship and you wish to convert to an LLC, you might need to obtain an EIN.

  • What if a married couple operates an LLC together and shares in the profits and losses? How will the LLC be treated?

The LLC will be treated as a partnership for tax purposes. Therefore, each individualwill receive Form 1065, Schedule K-1, which must report each individual’spersonal income received through the LLC.

If you need help obtaining an EIN number for your LLC, or if you have questions regarding forming your LLC, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with, or on behalf of companies like Google, Menlo Ventures, and Airbnb.