New EIN Required?

[patsy]

Client originally organized as an LLC IL and filing as an S-corporation. Dissolved the IL LLC and organized as an LLC in WI (still intends to elect to be treated as file as an S-corp.) Does the WI LLC need an new FEIN?

Client argues no because they ahve not changed the business name. And someon at the IRS agreed with them.

I think IRS advice is not correct. Agent either didn't have all the info from client or not proficient in the area.

[RZellers]

Incorporating takes place at the state level, the IRS really has nothing to do with it. They've created a new & legally unrelated entity, I would think it needs a new number. When they dissolved the old one, assuming they completed the process required by IL, it ceased to exist.

[ChEAr$]

IRS spokesman is correct; no new number needed.

Had to look into this same matter once when a Texas corporation dissolved and "we"
re incorporated existing business in Georgia.

[oceanlovin'ea]

The EIN comes from IRS and if you are being taxed as s corp. They will not care what you do at the state level. They use the first EIN.

In the case, I dealt with in Florida client formed new LLC and merged old s corp into new LLC. New EIN was needed for new LLC but IRS still uses old EIN. New one is just formality.

So they may need it for identification purposes with WI but IRS will stick with old one.

Linda

[RZellers]

Interesting. I don't like the idea of having 2 ein's... seems like a nightmare waiting to happen. But clearly others have dealt with it before, so it must be right.