Apply for an S-Corporation Tax ID (EIN) Number
Is a Tax ID (EIN) required for a S-Corporation?
Is a Tax ID (EIN) required for a S-Corporation?
Yes, S-Corporations are required to obtain a Tax ID:
S-Corporations are recognized as a separate taxpaying entity from their shareholders and are required to file Income Tax Return Form 1120-S. Before filing Form 1120-S a Corporation must have a Tax ID (EIN). A S-Corporation’s Tax ID number is called an “employer identification number,” or EIN, and comes in the format 12-3456789.
S-Corporation IRS Definition
A corporation is a person or group of people who establish a legal entity by filing articles of incorporation with the state’s secretary of state granting it certain legal powers, rights, privileges, and liabilities. An S corporation is an eligible domestic corporation that wants to avoid double taxation (once to the shareholders and again to the corporation) by electing this status using Form 2553 (Election by a Small Business Corporation).
Generally, an S corporation is exempt from federal income tax other than tax on certain capital gains and passive income.
CORPORATION FREQUENTLY ASKED QUESTIONS
What is a Tax ID (EIN) Number?
An EIN Number (also called a Tax ID) stands for Employer Identification Number. Most people consider an EIN Number like a Social Security Number (SSN) for a business. The IRS requires most businesses to obtain an EIN in order to identify the business for tax purposes. Some advantages of getting your Tax ID / EIN Number include: the ability to open a business bank account or line of credit, to hire employees or to apply for certain business licenses.
Who needs a Tax ID (EIN)?
An EIN is required for many reasons for businesses, taxable entities and non-profit organizations. If any of the follow apply to your business or entity you will need an EIN:
- Hiring Employees
- Operate your business as a Corporation or Partnership
- If you will file any of following tax returns: Employment, Excise or Alcohol, Tobacco and Firearms
- Have a Keogh Plan
- If you’re involved with any of the following organizations/entities:
- Trusts (except certain grantor-owned revocable trusts)
- Estates
- Real Estate mortgage investment conduits
- Non-profit organizations
- Farmers’ cooperatives
- Plan Administrators
If I don’t need an EIN why should I get one?
Even if your business, organization or entity is not required to obtain an EIN, it is highly recommended that you obtain one when starting or forming your business/organization for many reasons:
- Use your EIN instead of your SSN on business applications and licenses to protect your personal information
- Many state and local permits require that you have an EIN
- An EIN is required to open a business bank account
- EINs help to establish business credit history
- Minimize delays when you decide to hire employees
What is a Responsible Party?
Every EIN application requires that a person who is a principal officer, general partner, grantor, owner or trustor be designated as the primary point of contact and responsible for receiving correspondence from the IRS related to the entity. This person is called the “responsible party” by the IRS. This person controls, manages or directs the applicant entity and disposition of funds and assets. If there is more than one responsible party for the entity, please list the primary person that you would like the IRS to recognize as the responsible party.
Under the current revised version of the IRS EIN application, a responsible party is defined as:
“For entities with shares or interests traded on a public exchange, or which are registered with the Securities and Exchange Commission, “responsible party” is (a) the principal officer, if the business is a corporation, (b) a general partner, if a partnership, (c) the owner of an entity that is disregarded as separate from its owner (disregarded entities owned by a corporation enter the corporation’s name and EIN), or (d) a grantor, owner, or trustor if a trust.”
“For all other entities, “responsible party” is the person who has a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the individual, directly or indirectly, to control, manage or direct the entity and the disposition of its funds and assets. The ability to fund the entity or the entitlement to the property of the entity alone, however, without any corresponding authority to control, manage, or direct the entity (such as in the case of a minor child beneficiary), does not cause the individual to be a responsible party.”