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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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My client incorporated in DE as single member LLC and also

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My client incorporated in DE as single member LLC and also obtained EIN. Before starting business, he wants to add one more member, what is tyhe procedure to include second member in LLC
what forms to be filled with DE and IRS to notify this change
Thanks

Lev :

Hi and welcome to our site!
Your client may simply file a Certificate of Amendment.
Here is a sample form provided by DE - http://corp.delaware.gov/llcamend09.pdf
You may call(NNN) NNN-NNNNif you have questions on properly completing your filing.


Customer:

Thanks for the quick response. What we need to do with IRS

Lev :

See here - http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Do-You-Need-a-New-EIN
You will be required to obtain a new EIN if any of the following statements are true.
-- You take in partners and operate as a partnership.
So - your client need to apply for a new EIN

Customer:

do we need to notify IRS that we want to close the single member llc as we did not do any business although we obtained EIN, and then apply for new EIN?

Lev :

When you apply for a new EIN - you will provide the old EIN assigned to the LLC - and that would be all you need.
Generally the LLC with one owner (single member LLC) which does not choose to be taxed as a corporation or S corporation, and has no employees or excise tax liability may request an EIN for banking or state tax purposes, but an EIN is not required for federal tax purposes.

Customer:

Thank you so much

Customer:

Hae a nice day

Lev :

See line 18 - http://www.irs.gov/pub/irs-pdf/fss4.pdf
Has the applicant entity shown on line 1 ever applied for and received an EIN?
If “Yes,” write previous EIN here

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