I need clarity about LLC and EIN

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I need clarity about LLC and EIN

When my husband and I set up our business we set up and LLC. We didnt know about LLC single member, partnership, etc. So I got an EIN in my name and he never got one. When we filed with the state we put both of our name on the business as organizers. I didn’t know we had to put members. I am just trying to fix our mistakes. Does he need his own EIN? Is our LLC considered a partnership with us both listed as Organizers in our Article of Organization? If he gets his own EIN how will this effect our credit profile? I understand a business needs an EIN to report to the credit bureaus, if we both have one which one are we supposed to use? We’ve been in business for 2 years.

Asked on June 30, 2018 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The LLC needs the EIN, not you: an LLC is a separate legal entity (or person) and needs its own EIN or tax-ID number. One that is obtained in your name would not apply to the LLC; and your husband does not need an EIN, either--again, it is the LLC which needs one. 
First thing you need to do is make sure that your business is in fact registered with the state as an LLC and not as a partnership, which is a different thing: a partnership does not provide you the protection from personal liability which an LLC does. 
If it's not set up as an LLC, register an LLC then transfer your partnership's assets to it and run the business going forward under the LLC.
If and when it is an LLC, apply for an EIN for the LLC.


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