Is an EIN Required for a Sole Proprietor? (2024)

The IRS uses an EIN to identify a taxpayer. But when does a sole proprietor need an EIN?

By Stephen Fishman, J.D. · USC Gould School of Law

A federal "employer identification number," or EIN, is a nine-digit number the IRS assigns to businesses for tax filing and reporting purposes. The IRS uses the EIN to identify the taxpayer.

Business entities—corporations, partnerships, and limited liability companies—must use EINs. But most sole proprietors don't need to get an EIN and use their Social Security numbers instead. Even so, you might want to obtain an EIN anyway.

When Does a Sole Proprietor Need an EIN?

If you're a sole proprietor, you must have an EIN if you:

Also, some banks require you to have an EIN before they'll set up a bank account for your business.

What Business Does Not Need an EIN?

If you're a sole proprietor, you don't have to get an EIN if you have no employees and started your own business, instead of buying an existing business.

So long as you don't switch to another business form such as a limited liability company or corporation, you can use your Social Security number for tax purposes. Many sole proprietors use their Social Security numbers for decades.

Reasons To Get an EIN Even If It's Not Required

You can get an EIN even if it isn't required. Two good reasons to use an EIN instead of your Social Security number are to avoid identity theft and to help establish independent contractor status.

Using an EIN to Avoid Identity Theft

The theft of taxpayers' identities is a rampant problem. Identity thieves steal taxpayers' Social Security numbers and use them to file fraudulent tax returns and get tax refunds. For this reason, it's wise to keep your personal Social Security number as private as possible.

If you perform personal services as an independent contractor, you must provide an EIN or Social Security number to your clients, or the client will be required to withhold 24% of your payments. Obtaining an EIN allows you to avoid having to provide your Social Security number to clients and other members of the public.

Using an EIN to Help Establish Independent Contractor Status

Using an EIN on your tax returns and payments also helps to show that you're an independent businessperson. In other words, you're an independent contractor and not an employee. This status can make you more attractive to prospective clients.

How to Get an EIN

Getting an EIN is easy and free. The fastest and easiest way is to apply directly at the IRS website. The IRS has an online EIN Assistant tool you can use.

If you aren't comfortable sending information via the internet, you can download IRS Form SS-4, Application for Employer Identification Number and send it by postal mail. Or you can get your EIN by calling the IRS at 800-829-4933 from 7:00 a.m. to 10:00 p.m. local time (Pacific time for Alaska and Hawaii).

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Is an EIN Required for a Sole Proprietor? (2024)

FAQs

Is an EIN Required for a Sole Proprietor? ›

The IRS uses the EIN to identify the taxpayer. Business entities—corporations, partnerships, and limited liability companies—must use EINs. But most sole proprietors don't need to get an EIN and use their Social Security numbers instead. Even so, you might want to obtain an EIN anyway.

Can you be a sole proprietor without an EIN? ›

Does a small company that operates as a sole proprietorship need an employer identification number (EIN)? A sole proprietor without employees who isn't required to file any excise tax return and hasn't established a pension, profit-sharing, or retirement plan doesn't need an EIN (but can get one).

What happens if I don't use my EIN? ›

The IRS cannot cancel your EIN. Once an EIN has been assigned to a business entity, it becomes the permanent Federal taxpayer identification number for that entity. Regardless of whether the EIN is ever used to file Federal tax returns, the EIN is never reused or reassigned to another business entity.

Is a sole proprietor the same thing as being self-employed? ›

Since a sole proprietor operates a business on its own, they are considered self-employed. A self-employed individual simply means the person works for him or herself. It's just a business term. A sole proprietor refers to someone who owns a business by themselves.

Do you need EIN to start a business? ›

You can apply for an EIN for your business even if it's not required. Some sole proprietors get an EIN to protect the privacy of their personal Social Security Number and identifying information. Other small business owners apply for an EIN because their bank requires it.

How much does an EIN cost? ›

Applying for an Employer Identification Number (EIN) is a free service offered by the Internal Revenue Service. Beware of websites on the Internet that charge for this free service.

Does an LLC need an EIN to open a bank account? ›

Having an EIN proves to your bank that you're running a legitimate business. That's why sole proprietors with employees, LLCs, partnerships and corporations are typically required to provide one when applying for a business bank account. But there are exceptions.

How to get EIN for sole proprietorship? ›

You may apply for an EIN online if your principal business is located in the United States or U.S. Territories. The person applying online must have a valid Taxpayer Identification Number (SSN, ITIN, EIN). You are limited to one EIN per responsible party per day.

Is my EIN linked to my SSN? ›

An EIN is not linked or associated with your SSN. As such, it provides additional personal privacy protection by using a different number than your SSN for reporting purposes. You can easily apply online for the EIN through the IRS. In addition to privacy, there are other advantages to obtain an EIN.

Do EIN numbers expire if not used? ›

An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is a unique 9-digit number assigned by the IRS to entities for tax purposes. EINs never expire, and once an EIN is assigned to an entity, it will not be reissued even if the entity disappears.

What are the disadvantages of a sole proprietorship? ›

Some disadvantages to starting and running a sole proprietorship include less financial and legal protection, the inability to add a partner, higher self-employment taxes, obstacles to getting approved for startup or sustenance funding, fewer benefits than W-2 employees and no guidance from board members.

Does a sole proprietor need a 1099? ›

Only your business - this includes your sole proprietorship - is required to issue a 1099-MISC or 1099-NEC. You don't need to issue a form 1099 for any services that were for personal use.

What do you call yourself as a sole proprietor? ›

As a sole proprietor, you may operate under your own name such as John Doe and attach the title of your profession. For example, a plumber could call his business John Doe, Plumber.

Can a sole proprietor open a business bank account? ›

Can you open a bank account for a DBA/sole proprietorship? Yes, you can open a business bank account as a sole proprietor using a DBA. A sole proprietorship is a business owned by one person where there is no legal separation between the owner and the business.

Can I use my sole proprietor EIN for my LLC? ›

Even if you have an employer identification number (EIN) for your sole proprietorship, you'll need to file a Form SS-4 for a new EIN for the LLC. The EIN is a nine-digit number the IRS assigns to businesses for tax filing and reporting purposes.

Can sole proprietors have employees? ›

Sole proprietors can and do employ people. Many start with family members, but hiring people, whether the person is a relative or not, adds another layer of complexity to business management. Sole proprietors will need to pay their employees, file and remit payroll taxes, and comply with employment regulations.

Can I use my Social Security number as my EIN for LLC? ›

If you have a limited liability company (LLC), then multiple factors will determine whether you need to get an EIN. Many single-member LLCs can simply use their owner's SSN for IRS purposes. But if your LLC will hire employees—or if it'll have multiple members—you need to apply for an EIN for the LLC.

Can I use my Social Security number as my TIN? ›

Section I – TIN Description

U.S. taxpayer identification numbers include a Social Security Number (SSN), which is issued to individuals, and an Employer Identification Number (EIN), which is issued to individuals or entities.

Can a sole proprietor have a business bank account? ›

Yes, you can open a business bank account as a sole proprietor using a DBA. A sole proprietorship is a business owned by one person where there is no legal separation between the owner and the business.

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