Can I use myEIN before myLLC is filed with the state?

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Can I use myEIN before myLLC is filed with the state?

I setup an LLC through an on-line site. They gave me an EIN for my LLC even though the state has not yet returned the documents that the site filed for me. Can Iuse that EIN on my W-9 or do I have to wait until the LLC documents are finalized with the state?

Asked on March 1, 2011 under Business Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your documents with the state indicate you can conduct business in that state. If you have an online presence, you need to understand that depending upon the type of business you have, you may need to register in every state in which you conduct business or accept business. Further, if you are not officially incorporated in any state as a limited liability company and you conduct business, you may not enjoy the limited liability for which you sought in the first place. Keep in mind you need to have all the benefits on your side, to protect you and the company. If you begin to conduct business prior to full registration/incorporation, you may have an issue. As to the use of your EIN to obtain a TIN, check the IRS handbook for your ability to use your EIN or your social security number instead and whether the IRS will have issue with a company not yet registered/incorporated. The IRS help line and handbooks can help you in that endeavor. Further, you may wish to consult with a business lawyer who has expertise in getting the compliance necessary for your type of business.


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