How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 41029
Experience:  I have 30 years as a business lawyer in Texas
8534270
Type Your Business Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

I own a LLC in FL, and the LLC has an EIN number. I am

Customer Question

I own a LLC in FL, and the LLC has an EIN number. I am moving the business to PA. I need to keep the same EIN number, since the EIN number has been established and connected to my LLC for the previous 8 years.When I spoke with the PA Department of State, Business Processing Department there are 4 forms that will need to be completed:
1. Statement of Domestication Form (DSCB: 15-375)
– This form is filled out when my business moves to PA, and is no longer doing business in FL. It shows the business was established previously, and now has “moved” to PA.
2. Certificate Of Organization (DSCB:15-375)
- This form creates an LLC in PA (The Statement of Domestication Form will still need to be completed to show that the business is not new)
3. Docketing Statement Change (DSCB: 15-134B)
4. New Entity Docketing Statement (DSCB: 15-134A)According to the PA Department of State, they do not require an EIN, and said it would be acceptable to use my existing EIN on the above paperwork.When I spoke to the IRS, I cannot get an accurate answer as to whether I can still use my original EIN when I file the LLC in PA. Some IRS representivies have said that if a new Certificate of Organization is created, then a new EIN will need to be created as well. Other IRS representatives have said that since the Statement of Domestication Form is completed, as long as the owner and managing members remain the same, I can keep and still use my original EIN, and just change the mailing address.It is critical to the operations of my LLC that the EIN number not change.1.When I move to PA, will I be able to keep and use my original EIN?
2. What additional steps do I need to do in order to keep my original EIN?
Submitted: 1 year ago.
Category: Business Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA.Ray here to help you today.

You can still use the same EIN number because it is the same LLC being domesticated in PA. As such continue to use the same EIN number for all activities including tax payments, returns, etc.Again there is no reason to change the EIN here the business is the same entity reregistered.And yes you would keep same owner and managing members and you can still use same EIN number here for continuity purposes.

I appreciate the chance to help you and wish you the best here in PA.

Expert:  RayAnswers replied 1 year ago.

Reference

Corporations

You will be required to obtain a new EIN if the followingstatements are true:

  • A corporation receives a new charter from the Secretaryof State.
  • You are a subsidiary of a corporation using theparent's EIN or you become a subsidiary of a corporation.
  • You change to a partnership or a sole proprietorship.
  • A new corporation is created after a statutory merger.

You will not be required to obtain a new EIN if thefollowing statements are true:

  • You are a division of a corporation.
  • The surviving corporation uses the existing EIN after a corporate merger.
  • A corporation declares bankruptcy.
  • The corporate name or location changes.
  • A corporation chooses to be taxed as an S corporation.
  • Reorganization of a corporation changes only the identity or place.

Reference

https://sa.www4.irs.gov/modiein/individual/help/help-toc.jsp#16

ou will be required to obtain a new EIN if the followingstatements are true:

  • A corporation receives a new charter from the Secretaryof State.
  • You are a subsidiary of a corporation using theparent's EIN or you become a subsidiary of a corporation.
  • You change to a partnership or a sole proprietorship.
  • A new corporation is created after a statutory merger.

You will not be required to obtain a new EIN if thefollowing statements are true:

  • You are a division of a corporation.
  • The surviving corporation uses the existing EIN after acorporate merger.
  • A corporation declares bankruptcy.
  • The corporate name or location changes.
  • A corporation chooses to be taxed as an S corporation.
  • Reorganization of a corporation changes only theidentity or place.
Customer: replied 1 year ago.
If you could please re-read what I wrote I would appreciate it.
1. I am asking if what I stated is correct.
2. Are the forms I listed the correct forms that I would need to complete in order to keep my original EIN?
3. I am also asking if the PA Department of State, and the IRS, will allow me to keep my original EIN?
4. If I am not correct, then what is the process to keep my original EIN number?
Thank you.
Expert:  RayAnswers replied 1 year ago.

If you could please re-read what I wrote I would appreciate it.
1. I am asking if what I stated is correct. Yes these are the steps and forms you need to transfer it legally to PA.
2. Are the forms I listed the correct forms that I would need to complete in order to keep my original EIN?Yes since you are just relocating and doemsticating existing LLC to Florida.
3. I am also asking if the PA Department of State, and the IRS, will allow me to keep my original EIN?Yes they will and you would continue to use it for everything related to the LLC here in PA.

Thanks for letting me clarify and follow up here.
4. If I am not correct, then what is the process to keep my original EIN number?