New York Federal Tax ID Number (EIN)

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How to Get an EIN for a New York LLC

Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in New York.

Detailed Lessons:

 

New York LLC Costs:
New York state fee: $200
Certificate of Publication: $50
Newspaper fees: vary by county (read lesson 2)
Biennial Statements: $9, every two years

Need to save time?
Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

What is an EIN Number?

An EIN Number stands for Employer Identification Number and it will be issued by the IRS to your New York LLC.

An EIN is to your New York LLC what a Social Security Number is to a person. It helps the IRS identify your business for tax and filing purposes.

Having an EIN for your New York LLC allows you to open a separate bank account under the LLC’s name, apply for certain licenses and permits, and handle employee payroll (if applicable).

Even though it’s called an Employer Identification Number, it doesn’t mean that you have to have employees. The EIN is just a type of Taxpayer Identification Number (TIN) that identifies your New York LLC with the IRS.

EIN Synonyms

Your New York LLC’s EIN may be called different names. They all mean the same thing though.

Similar terms for an EIN include:

  • EIN Number
  • Employer ID Number
  • Employer Identification Number
  • Federal Employer ID Number
  • Federal Employer Identification Number
  • FEIN
  • Federal Tax Number
  • Federal Tax ID Number
  • Federal Tax Identification Number

Benefits of having an EIN for your New York LLC

Having an EIN for your New York LLC enables you to do the following:

  • Open an LLC business bank account
  • File taxes at the federal, state, and local level
  • Handle employee payroll (if applicable)
  • Obtain business lines of credit or business loans
  • Get a business credit card for your LLC
  • Apply for business licenses

Wait for your New York LLC to be approved

Wait for your New York LLC to be approved by the Department of State before applying for your EIN. Otherwise, if your LLC filing is rejected, you’ll have an EIN attached to a non-existent LLC.

However, if this does happen, you can always cancel your EIN and then apply for a new one. And you don’t have to wait for your cancellation to go through before applying for a new EIN.

Applying for an EIN for your LLC is free ($0)

Applying for an EIN for your New York LLC is completely free.

The IRS doesn’t charge anything for applying for an EIN.

Don’t have an SSN or ITIN?

If you’re a foreigner who formed a New York LLC, you can still get an EIN without having an SSN or ITIN.

You just can’t get your EIN online. Instead, you need to mail or fax Form SS-4 to the IRS.

We have instructions here: How to apply for EIN without an SSN or ITIN.

(related article: How to apply for an ITIN)

EIN Phone Application

You may have read that you can apply for an EIN by phone. This is no longer the case. The IRS has discontinued this service.

The only businesses that can get an EIN by phone are Exempt Organizations (like non-profits) and Foreign Companies (companies formed outside of the United States).

If you’re a foreigner and you formed an LLC in New York, we have instructions below on how to apply for your EIN.

EIN Responsible Party

The EIN Responsible Party is a person that goes on file with the IRS when you apply for an EIN for your New York LLC.

Think of the Responsible Party as the LLC’s “contact person”. The IRS will send your LLC’s mail and correspondence to this person.

If you have a Single-Member New York LLC:

Then you will be the EIN Responsible Party.

If you have a Multi-Member New York LLC:

One of the LLC Members will be the EIN Responsible Party.

The IRS just wants one person as the EIN Responsible Party. They don’t want all the New York LLC Members’ information. The IRS gets the other Members’ information when you file your 1065 Partnership return and issue K-1s each year.

Although any LLC Member can be listed, you should list the LLC Member that will take on the responsibility of making sure the LLC’s taxes are handled properly.

If your New York LLC is owned by another company:

The IRS made changes in 2018 that no longer allow an EIN Responsible Party to be a company. The EIN Responsible Party must be an individual person. So it’s best to list one of the individual owners of the parent company.

Note: If you have a New York LLC that is owned by another company and you try to get an EIN online, you’ll just get an error message (EIN reference number) at the end of the application.

Learn more:

To learn more about who can be the EIN Responsible Party for your New York LLC, please see EIN Responsible Party for LLC.

How is a New York LLC taxed?

By default, a New York LLC is taxed based on the number of Members (owners).

Meaning, an LLC is just taxed in the default status set by the IRS and the LLC doesn’t elect to be taxed as a Corporation (either a C-Corporation or an S-Corporation).

(related article: how are LLCs taxed)

The default tax status for a New York Single-Member LLC is a Disregarded Entity, meaning if the LLC is owned by an individual, the LLC is taxed like a Sole Proprietorship. If the LLC is owned by a company, it is taxed as a branch/division of the parent company.

The default tax status for a New York Multi-Member LLC is Partnership, meaning the IRS taxes the LLC like a Partnership.

If instead, you want your New York LLC taxed as a C-Corp, you’ll first apply for an EIN and then later file Form 8832. If you want your LLC taxed as an S-Corp, you’ll first apply for an EIN and then later file Form 2553.

If you choose to have your New York LLC taxed as a Corporation, make sure you speak with an accountant as there are a lot of details you need to consider. Having an LLC taxed as an S-Corporation is a much more popular choice than having an LLC taxed as a C-Corporation. S-Corporation taxation usually makes sense once an LLC generates about $70,000 in net income per year.

How to apply for an EIN for your New York LLC

Below you will find 3 different sets of instructions:

1. If you have an SSN or ITIN, use the EIN online application

We recommend applying for an EIN online for your New York LLC if you have an SSN or ITIN.

This is the easiest filing method and it has the fastest approval time.

We have instructions here:
How to apply for an EIN online

2. If you apply online, but you get an error message

If you have an SSN or ITIN, apply for an EIN online, but you get an error message (called an EIN reference number) at the end, you will need to mail or fax Form SS-4 to the IRS instead.

We have instructions here:
Apply for EIN for LLC with Form SS-4

3. If you don’t have an SSN or ITIN

If you don’t have an SSN or ITIN, you can still get an EIN for your New York LLC. You just can’t apply for an EIN online.

You will need to mail or fax Form SS-4 to the IRS instead and you must fill the form out in a certain way.

We have instructions here:
How to get an EIN without an SSN or ITIN

EIN Confirmation Letter (EIN Approval)

Once the IRS issues an EIN for your New York LLC you will receive your official approval, known as an EIN Confirmation Letter (CP 575).

The method you used to apply for an EIN will determine how you receive your EIN Confirmation Letter.

If you applied for an EIN online:
You’ll be able to download a PDF copy of your EIN Confirmation Letter at the end of the online application. There is no waiting time. The IRS will also send you a duplicate copy in the mail in about 4 to 5 weeks.

If you sent Form SS-4 by fax:
The IRS will fax you back your EIN Confirmation Letter within 4 to 7 business days.

If you sent Form SS-4 by mail:
The IRS will mail your EIN Confirmation Letter within 4 to 8 weeks.

Here is what the EIN Confirmation Letter for an LLC looks like:

EIN Confirmation Letter (CP 575) for LLC

How to Cancel an EIN?

If there was a mistake with your first EIN application or you need to cancel your EIN Number for any reason, you just need to mail a cancellation letter to the IRS.

We have instructions here: how to cancel an EIN.

You don’t have to wait for your EIN cancellation to be finalized before getting a new EIN for your New York LLC.

LLC Business Bank Account

After getting your EIN, you can then open a separate business bank account for your New York LLC.

Banks usually ask for the following documents to open a New York LLC business bank account:

  • EIN Confirmation Letter
  • LLC Approval (stamped and approved Articles of Organization)
  • LLC Operating Agreement
  • Driver’s License and/or Passport

Aside from the above, banks may also require other paperwork (like proof of address), so we recommend calling a few banks in New York ahead of time before visiting them in person. It’s also a good idea to ask if they have monthly fees on their “basic” business checking accounts since there are a number of banks that don’t have any monthly fees.

If you’re a non-US resident (foreigner), you will need to show 2 forms of identification, such as your foreign passport and your foreign driver’s license. There are additional things to keep in mind when opening a U.S. bank account for your New York LLC that we have listed here: Non-US resident opening U.S. bank account for an LLC

Note: You will need to open a bank account in New York since that is where you formed your LLC.

IRS Contact Information

If you have any questions, you can call the IRS at 1-800-829-4933. Their office hours are 7am – 7pm, Monday through Friday.

We recommend that you call the IRS early to avoid long holding times.

Next Step

Once the IRS has issued an EIN for your New York LLC, you can then proceed to the next lesson: New York LLC Publication Requirements Part 2.

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Matt Horwitz
Founder & Educator at LLC University
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! We teach people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your entrepreneurial journey.

42 Comments

  1. Jules August 5, 2016

    If I’ve changed the principal address to Albany to fulfill NY publication requirement, should I use that address to apply for EIN and change the address afterwards? Or is it better to wait until the Publication requirement is satisfied, change back address, then apply for the EIN?

    reply
    • Matt Horwitz August 5, 2016

      Hey Jules, great question. The purpose of the IRS asking for an address is to ensure that their mail/correspondence will reach you. No one outside of the IRS should see this address (and there won’t be communication between the IRS and the NY DOS regarding this address), so you don’t have to list the temporary Albany address you used to meet the NY publication requirement. You can just list your normal/regular NY address here. Hope that helps.

      reply
  2. Sarah September 8, 2017

    Hello LLC University,

    Can I PLEASE have your permission to copy & use your Operating Agreement? Thank you so much.

    reply
    • Matt Horwitz September 12, 2017

      Hi Sarah, do you mean copy and use for yourself, or for other purposes?

      reply
  3. Chele October 27, 2017

    Hello, I noticed the online application asks for the physical location of the LLC, and an optional mailing address, then later on, asks for the county where the LLC is located. If I am using the Albany address of my registered agent for the articles of organization, should I be using the Albany address for the physical location and for the county?

    reply
    • Matt Horwitz October 27, 2017

      Hi Chele, if you’re completing the publication requirements in Albany, but you actually have a different NY address, you can just use your actual address with the IRS. You don’t have to provide a separate mailing address. The IRS and the NY DOS are not in communication regarding your LLC’s address/location. Hope that helps.

      reply
      • chele October 27, 2017

        Thank you!

        reply
        • Matt Horwitz October 28, 2017

          You’re welcome Chele!

          reply
  4. Jay October 30, 2017

    Thank you so much, Matt! These tutorial videos are amazing. After watching them, I registered my LLC and requested EIN from IRS. I have a stupid question —
    On the EIN document(CP 575 A), what is the purpose of the very last piece that says”Return this part with any correspondence…..”? Do I have to fill it out and return to IRS?
    Thanks!

    reply
    • Matt Horwitz October 30, 2017

      Hey Jay, you’re very welcome! Thanks for the kind words. You really don’t have to worry about that. It just means that if you contact the IRS about your LLC to include that slip… but you actually don’t even have to do that. If you contact the IRS in the future, just make sure to include the name of your LLC, EIN, the LLC’s address, and your phone number. This helps the IRS identify your account and contact the right person if they have questions. Hope that helps!

      reply
      • Jay October 31, 2017

        Thank you very much for the explanation, Matt!

        reply
        • Matt Horwitz November 1, 2017

          You’re welcome Jay!

          reply
  5. Mag March 2, 2018

    Hi Matt,

    On 3. Addresses – Where is the LLC physically located?
    I have fill in the actual address of the LLC which is in Queens, NY. I have a home based business, since most of my mail will be going to my mailbox with street address, is that OK to use?

    On 4. Details – Tell us about the LLC.
    Under “County where the LLC locate:”, it automatically changes to QUEENS, since the address is located in Queens, NY. Should I change the county to ALBANY, since i have registered the LLC in Albany using Northwest Registered Agent address due to publication requirement.

    Thank you.

    reply
    • Matt Horwitz March 2, 2018

      Hi Mag, great question. Yes, you’re okay (and it’s best) to use your actual address for the EIN application. You don’t have to worry about the Albany office address while obtaining your EIN. I’d keep your Queens address listed with the IRS as you’ve mentioned. Hope that helps :)

      reply
      • Mag March 4, 2018

        Hi Matt,

        On 3. Addresses – Where is the LLC physically located?
        You mean it is OK to use the mailbox with street address, not the home address? I have use the mailbox address. Hopefully is ok and don’t need to change.Thank you.

        reply
        • Matt Horwitz March 10, 2018

          Hey Mag, yes, you should fine using a mailbox with a street address. The IRS doesn’t care too much. As long as it’s a street address where you can receive mail, all should be good.

          reply
  6. Charmain Hughes March 11, 2018

    I’ve already obtained an EIN for the LLC I’ve yet to obtain. What’s the best way to avoid confusion? Should I apply for a second EIN? Thanks

    reply
    • Matt Horwitz March 19, 2018

      Hi Charmain, if the EIN was applied for correctly (correct LLC name, etc.) and then later your LLC is approved, then it’s okay to leave things as-is. The IRS doesn’t check to make the LLC exists first before granting an EIN, so if the LLC is approved, you’re good. If the LLC is rejected and you need to refile under a new LLC name, then you should cancel the first EIN, submit your new LLC filing to the state, wait for LLC approval, and then obtain a new EIN. Hope that helps :)

      reply
  7. Mag March 12, 2018

    Hi Matt
    I received TR-570 LLC/LLP Request for Information form from the NY State Department of Taxation and Finance mail to the Northwest Registered Agent office in Albany need to be completed and send back in 15 days. I’m not sure why they send me a TF number since I have the EIN.

    There is part 1. New Address Information. (Update address information here). Asking for Mailing address and Business Physical Address. Should I list the business mailbox with street address in Queens? Will this affect the business registered in Albany before the publication complete? The publication is running right now.

    Thank you
    Mag.

    reply
    • Matt Horwitz March 21, 2018

      Hi Mag, in the NY LLC/LLP Request for Information, just enter/update your EIN number. When these letters are sent out, the NY Department of Finance & Taxation doesn’t have your EIN on file. And you can just use whatever your actual business and mailing address are. It won’t affect your Albany address and the newspaper publication requirements. Hope that helps.

      reply
  8. Singh March 23, 2018

    Hi Matt,
    Great work you have done. Thank you!

    I applied EIN for my LLC. I got the EIN. While I filled up the form, I only wrote the name of my LLC. i.e. “Somename” not “Somename LLC”. Everything I filled is correct except I am little unsure about whether I have to put “LLC” after the name while I applied for the EIN.

    Regards,

    reply
    • Matt Horwitz March 26, 2018

      Hey Singh, thank you! Yes, I would make sure “LLC” is in the name. While you can mail a letter to the IRS to correct it, it’s easier to just apply for another EIN and cancel the first EIN. You don’t have to wait for the cancellation confirmation letter before applying for another EIN. Hope that helps.

      reply
  9. Sam March 30, 2018

    Thank you for the great information!
    I want to clarify few things.
    When I form LLC at Albany for publication purpose,
    it seems like I can apply for EIN, S-corp election before meeting publication requirement.

    01. In this case, can I use Albany registered agent address for physical address and mailing address of LLC even if my actual LLC address will be changed after meeting publication requirement?

    02. Then, should I change physical and mailing address information to actual LLC address for EIN and S-corp election after ‘certificate of change’?

    Thank you.

    reply
    • Matt Horwitz April 8, 2018

      Hi Sam, yes, you are correct. You can obtain your EIN and make an S-Corp tax election before the newspaper publication requirements are met. Most people just use their actual mailing address with the IRS since that address information is not connected to the publication requirement. Hope that helps.

      reply
      • Sam April 14, 2018

        I appreciate so much for your answer Matt. Due to the knowledge that I got from your website, I could set up LLC by myself. I have one more question. I would like to set up DBA under LLC. LLC address is Albany, and DBA address will be Brooklyn address. I saw you recommended to other people to wait until the certificate of change before setting up DBA with the actual address. But when I saw dba application form, I can choose addresses in several counties. can I just choose both Albany address and Brooklyn address for DBA address? Then I guess I don’t need to change anything even after the certificate of change. Please let me know your opinion. Also If I want to choose all counties in new york state, should I have addresses in each county? or I can do business in all counties in new york state with only one address? Thank you!

        reply
        • Matt Horwitz April 17, 2018

          Hey Sam, awesome to hear! You make a good point. I thinking doing business in both counties is a good idea for knocking the DBA filing out and not having to spend too much time on it later. No, you don’t need to have an address in order to do business, so yes, you could technically do business in all counties in NY with one address. Hope that helps.

          reply
          • Sam April 17, 2018

            Super! Thank you so much for your answer!

            reply
            • Matt Horwitz April 18, 2018

              You’re welcome Sam!

              reply
  10. Miki May 24, 2018

    Hello Matt,

    We just got approved for a “Non-business purpose” LLC.

    1. Does that mean that we should operate as a not-for-profit organization? Or is there any differences between “Non-business purpose LLC” and “not-for-profit organization”?

    2. In this case, what shall we do about EIN?

    Thank you!

    reply
    • Matt Horwitz June 17, 2018

      Hi Miki, I’m not sure what a “non-business purpose” LLC is. However, I do know that it’s not a Non-profit.

      reply
  11. MILAGROS May 31, 2018

    What Amazing INFORMATION!!! I am so amazed with your help, I was able to open an LLC! Thank you! My question: When I filed and got a receipt from my STATE OF FILING, was that confirmation that I was approved? Or is it after the publication that I am approved? Thank you again for all of this fantastic iformation!

    reply
    • Matt Horwitz June 17, 2018

      Hi Milagros, thank you! And you’re very welcome! Yes, that receipt means the LLC went into existence, aka, it was approved. You can think of the publication requirements as a post-approval requirement. Hope that helps :)

      reply
  12. Manny/Mendel July 24, 2018

    my birth name is Mendel, which is how it states on my State I.D., but when I filed the dos-1239 online, I abbreviated my name to Manny as the organizer, however, the bank won’t accept this Articles of Organization, as the name the organizer does not match the exact name that appears on my State I.D., is it possible to change the records with the DOS to reflect the name Mendel versus Manny as the Organizer?

    Regards, pls reply asap

    reply
    • Matt Horwitz July 25, 2018

      Hi Manny, yes, you can correct this. However, you’re using LLC language (“Organizer” and “Articles of Organization”), but you said you filed DOS 1239, which is a Certificate of Incorporation (for a Corporation). Did you form an LLC or a Corporation? There are different forms used for the correction depending on which entity it is.

      reply
      • Manny/Mendel July 25, 2018

        Thank you for your reply. The dos-1239-f-11 (Rev. 02/12) is an Acknowledgment Copy Articles of Organization. Pls notify how to correct the above problem, Manny

        reply
  13. Mariopio DiPasuqale September 15, 2018

    I went to Chase bank today to open a business checking account, but I had a problem. According to the woman helping me, I can not open a bank account because the the name I registered with the state is “business name, LLC”. However, when applying for a FEIN you are not able to put a comma so it is just ” Business Name LLC”. She told me that chase would freeze me account after 10 days if I opened an account. Please let me know if I filed correctly, or if she is wrong. Thank you!

    reply
    • Matt Horwitz October 17, 2018

      Hey Mariopio, that’s kind of ridiculous and I’ve never heard of that. The IRS “normalizes” all EIN applications for LLCs and removes the comma (if used). Do you have any updates at this time?

      reply
  14. Charlene October 18, 2018

    Matt, As a first time small business owner ~ Thank you! Moments ago I filed my Articles of Organization of my LLC form online and received the email confirming that it has successfully been submitted. Does this also mean it has been approved by the Department of State? And specifically, when you suggest to “wait for your New York LLC to be approved by the Department of State before applying for your EIN”, does this mean that I can apply for the EIN now through the IRS? Or is there a waiting period? Thanks so much for sharing your expertise!!!

    reply
    • Matt Horwitz November 22, 2018

      Hey Charlene, you’re very welcome! When forming a New York LLC online, the waiting period usually isn’t more than 15-20 minutes. You should also receive an email with your filed/approved Articles of Organization. Once you have that, you’re good to move on to the EIN Application with the IRS. Hope that helps.

      reply
  15. Juan October 30, 2018

    Hi Matt, I have exactly the same question as Charlene form October 18, 2008. The one right before tbhis post. When we know we are approved? I submitted everything online, and the same day I did I receive my online filing receipt. Does this mean I am approved?
    Thank you!!

    reply
    • Matt Horwitz November 22, 2018

      Hey Juan, I just replied to Charlene. You should have received your stamped/approved Articles of Organization by email as well. Hope that helps.

      reply

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