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November 15, 2022
Question

Which EIN to provide on W9 as SMLLC?

  • November 15, 2022
  • 1 reply
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I have a single member LLC and am confused on which "type" of EIN to provide on my W-9. I've seen multiple, conflicting answers on this topic and am hoping to find some clarity.

 

Should I provide the LLC's EIN (the EIN that I would request on behalf of my SMLLC) or "my" EIN (the EIN that I would request as a sole-proprietor) on a W-9 form?

 

Instructions on the W-9 form state:

" If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN."

 

Since my SMLLC is a disregarded entity, it is my understanding that I can not put my LLC's EIN on the W-9 form. Instead, I am required to either put my SSN on the form or -to avoid sharing my SSN- apply for a different EIN as a sole proprietor. Is this correct? Do I essentially need 2 EINs? 1 as a sole proprietor to "replace" my SSN on W-9 forms and a 2nd for my LLC to open a bank account?

 

If the above is correct, how to do go about applying for each EIN? When using the IRS online EIN application system, you have to choose a business structure. If you select "sole proprietor", it takes you to a description that states that you should not choose this structure if you have an LLC. Is it even possible to request an EIN as a sole-proprietor now that I have an LLC?

 

On the flip side, some are saying that as a SMLLC/disregarded entity they've only ever used their LLC's EIN on W-9s. Is there a scenario where this is a valid approach? Since both "types" of EINs would be linked to my SSN, does it even matter??

 

Very confused by all the contradictions.

 

For context: I do not have any employees, do not need to file excise taxes, and do not meet any of the other indicators listed by the IRS that would require me to obtain an EIN for my LLC. I would be using my LLC's EIN to open a bank account. This is for freelance work as a subcontractor. I would have the contractor submit payments to my business bank account.

1 reply

alex128Author
November 15, 2022

Hi @Anonymous_ ,

 

Thank you for the link to the previous post.

The IRS page (https://www.irs.gov/businesses/small-businesses-self-employed/single-member-limited-liability-companies) makes it clear that a SMLLC is considered a disregarded entity for tax purposes and there for I cannot use the LLC's EIN when filling out W9s/1099s/etc.

My question remains then, would this mean having 2 EINs as a SMLLC? 1 to avoid providing my SSN on W9s and a 2nd to open a bank account.  And, how do I apply for an sole proprietor EIN when I already have an LLC?

Critter-3
November 16, 2022

WHY would you get a second EIN for a sole prop ???   Do not do that.  

 

If you are filling in a W-9  for an entity requesting it then read the W-9 instructions specifically page 3: 

 

https://www.irs.gov/pub/irs-pdf/fw9.pdf