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EIN for corporations

EIN for corporations: when do you need one?

Everything in this post concerns US regulations, and every reference is grounded in business law principles.

Corporations

Definition

A corporation is a legal entity or structure created under the authority of a state’s laws, made up of one or more people who become its shareholders. 

The entity exists separately from its members. Because a corporation is an entity in its own right, it is responsible for its own debts and obligations. 

When a corporation is formed, the prospective shareholders transfer money, property or both in exchange for the corporation’s capital stock. 

The following businesses formed after 1996 are taxed as corporations: 

  • A business formed under a federal or state law that refers to it as a corporation, body corporate or body politic 
  • A business formed under a state law that refers to it as a joint-stock company or joint-stock association
  • An insurance company 
  • Certain banks 
  • A business wholly owned by a state or local government 
  • A business specifically required to be taxed as a corporation under the Internal Revenue Code 
  • Certain foreign businesses 
  • Any other business that elects to be taxed as a corporation. 

Form(s): 

Corporations generally file a return from the 1120 series, plus any other returns that apply (such as employment tax or excise tax returns).

The 1120-series returns are:

– Form 1118, Foreign Tax Credit—Corporations (attached to the return when the credit is claimed)

– Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation

– Form 1120, U.S. Corporation Income Tax Return

– Form 1120-C, U.S. Income Tax Return for Cooperative Associations

– Form 1120-F, U.S. Income Tax Return of a Foreign Corporation

– Form 1120-DISC, Interest Charge Domestic International Sales Corporation Return

– Form 1120-H, U.S. Income Tax Return for Homeowners Associations

– Form 1120-L, U.S. Life Insurance Company Income Tax Return

– Form 1120-ND, Return for Nuclear Decommissioning Funds and Certain Related Persons

– Form 1120-PC, U.S. Property and Casualty Insurance Company Income Tax Return

– Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations

– Form 1120-REIT, U.S. Income Tax Return for Real Estate Investment Trusts

– Form 1120-RIC, U.S. Income Tax Return for Regulated Investment Companies 

– Form 1120-S, U.S. Income Tax Return for an S Corporation 

– Form 1120-SF, U.S. Income Tax Return for Settlement Funds (Under Section 468B) 

– Form 1120-W, Estimated Tax for Corporations 

– Form 1120-X, Amended U.S. Corporation Income Tax Return 

You will need a new EIN if any of the following applies: 

– You are a subsidiary of a corporation and currently use the parent company’s EIN 

– You become a subsidiary of a corporation 

– The corporation becomes a partnership or a sole proprietorship 

– You create a new corporation after a statutory merger 

– You receive a new corporate charter 

You will not need a new EIN if any of the following applies: 

– You are a division of a corporation 

– After a corporate merger, the surviving corporation keeps using its existing EIN 

– A corporation declares bankruptcy. However, if a liquidating trust is set up for a corporation in bankruptcy, that trust needs its own EIN. 

– The corporation’s name changes 

– You change location or add locations (stores, plants, businesses or branches) 

– You elect to be taxed as an S corporation by filing Form 2553 

– After a corporate reorganization, only the identity, form or place of organization changes 

– The corporation is sold and the buyer acquires its assets, liabilities and charter

About the author
Picture of Zulma Eliana Bourelly

Zulma Eliana Bourelly

Zulma Eliana Bourelly is the founder of Riveros Corp (Riveros International Business Corp, Miami, Florida). Since 2009 she has helped entrepreneurs, companies, and religious and nonprofit organizations, both in the United States and from their home countries without traveling to the US, form and maintain their US companies and meet AML/KYC requirements. She has been a Florida Notary Public since 2010, with state registration as a Remote Online Notary (RON); a County Court Mediator certified by the Florida Supreme Court; a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS; and a Certified Notary Signing Agent with the National Notary Association (NNA). She holds a law degree from the Universidad Nacional de Colombia and is not licensed to practice law in Florida or anywhere in the United States. She writes in Spanish and English about company formation, compliance and public records on US Jurisdiction, the group's blog. Service in Spanish, English and Italian. Legal notice: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.