No LLC option in SS-4 form
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No LLC option in SS-4 form

 
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Posted: Sun Oct 16, 2005 8:00 am    Post subject: No LLC option in SS-4 form Reply with quote

I'd like to apply for an EIN as a LLC( only member) however
I don't see that option in question 8a on the form. I tried
to put "LLC" in the "Other (specify)" field however the
online form returned this error message:

"Other (specify)reference to a form of Limited Liability
Corporation is not allowed."

I was thinking that I just select Sole Proprietor, but I'm
afraid that this will screw up my original intent of being
LLC, based on my understandings of a LLC vs Sole Proprietor
type. Would it be safe to mark it as a partnership even
though I know I won't be anyone just myself?

I'm sure other folks have crossed this problem when applying
online.

Any advise greatly appreciated!

Jon

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>

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Herb Smith
Guest





Posted: Mon Oct 17, 2005 5:59 am    Post subject: Re: No LLC option in SS-4 form Reply with quote

jon@jonathanpadilla.com wrote:

Quote:
I'd like to apply for an EIN as a LLC( only member) however
I don't see that option in question 8a on the form. I tried
to put "LLC" in the "Other (specify)" field however the
online form returned this error message:

"Other (specify)reference to a form of Limited Liability
Corporation is not allowed."

I was thinking that I just select Sole Proprietor,

That would be correct for a single-person LLC. The LLC is
not a recognized entity for federal tax purposes, it will be
taxed as a sole proprietorship (pass through).

Quote:
but I'm
afraid that this will screw up my original intent of being
LLC, based on my understandings of a LLC vs Sole Proprietor
type. Would it be safe to mark it as a partnership even
though I know I won't be anyone just myself?

No

Quote:
I'm sure other folks have crossed this problem when applying
online.

Any advise greatly appreciated!

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
Back to top
Harlan Lunsford
Guest





Posted: Mon Oct 17, 2005 6:18 am    Post subject: Re: No LLC option in SS-4 form Reply with quote

jon@jonathanpadilla.com wrote:

Quote:
I'd like to apply for an EIN as a LLC( only member) however
I don't see that option in question 8a on the form. I tried
to put "LLC" in the "Other (specify)" field however the
online form returned this error message:

"Other (specify)reference to a form of Limited Liability
Corporation is not allowed."

I was thinking that I just select Sole Proprietor, but I'm
afraid that this will screw up my original intent of being
LLC, based on my understandings of a LLC vs Sole Proprietor
type. Would it be safe to mark it as a partnership even
though I know I won't be anyone just myself?

I'm sure other folks have crossed this problem when applying
online.

Any advise greatly appreciated!

First of all you did not say so, but hinted at the fact
that you have not actually legally formed an LLC; is this
correct? that is the first step. Only after you've filed
the paperwork with your state's secretary of state and
received your "charter" may you conduct business as an LLC.

Wait till you do this, then apply for your EIN.

ChEAr$,
Harlan Lunsford, EA n LA

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>

Back to top
Shyster1040
Guest





Posted: Tue Oct 18, 2005 1:53 pm    Post subject: Re: No LLC option in SS-4 form Reply with quote

For a disregarded LLC, the ability to obtain an EIN will
depend, in part, on what you want it for. You can obtain an
EIN (more properly, a TIN) for a disregard for purposes of
opening a bank account - the instructions (which are very
poorly written) will get you through some of this. As for
other purposes, like filing employment tax returns, you
would obtain an EIN for yourself and use that EIN.

Depending on what you want it for (I'm assuming nothing
illegal), call the EIN phone number instead of going online
- the folks there will be able to give you much more help in
figuring out the Service's disconnect between how the EIN is
used in reality and what the form says.

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
Back to top
Etienne
Guest





Posted: Wed Oct 19, 2005 8:00 am    Post subject: Re: No LLC option in SS-4 form Reply with quote

"Shyster1040" <Shyster1040@nospamhotmail.com> wrote:

Quote:
For a disregarded LLC, the ability to obtain an EIN will
depend, in part, on what you want it for. You can obtain an
EIN (more properly, a TIN) for a disregard for purposes of
opening a bank account - the instructions (which are very
poorly written) will get you through some of this. As for
other purposes, like filing employment tax returns, you
would obtain an EIN for yourself and use that EIN.

Depending on what you want it for (I'm assuming nothing
illegal), call the EIN phone number instead of going online
- the folks there will be able to give you much more help in
figuring out the Service's disconnect between how the EIN is
used in reality and what the form says.

Somewhere on the IRS website it says that you cannot use the
online form to request an EIN for an LLC. You have to call.
Easy, takes a few minutes (fill out the form first,
according to the instructions), and you will get your EIN
right then.

They actually encourage to get an EIN for a disregarded LLC,
even though you may not need one according to the form.

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
Back to top
Shyster1040
Guest





Posted: Thu Oct 20, 2005 8:00 am    Post subject: Re: No LLC option in SS-4 form Reply with quote

The form appears to have only the vaguest connection to the
reasons and grounds on which the IRS actually grants EINs.

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
Back to top
 
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