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Do you need a new EIN after a name, address or ownership change?

A simple change of business name or address generally does not require a new Employer Identification Number (EIN). The IRS says a new EIN is generally needed when ownership or structure changes, but its list for each entity type decides the outcome. Identify what actually changed in the entity, then either apply for a new number or update the existing record through the route that fits the change.

Blank Form 8822-B has an existing EIN field and old and new business address fields.
Unfilled Form 8822-B, revised December 2019, records business address and responsible-party updates. The visible fields illustrate an address update; the form is not an EIN application or the procedure for a business name change. Internal Revenue Service, Form 8822-B, revised December 2019. US government work.

Start with the entity event

The general rule is only a starting point. Some ownership changes and tax elections leave the existing EIN in place. The IRS page on new EINs lists outcomes entity by entity, and that list controls.

The IRS business name change page notes that some name changes may require a new EIN or a final return. Read that as a prompt to look at any ownership or structure change behind the new name. A new name on its own does not replace the EIN.

ChangeNew EIN needed?
Sole proprietor incorporatesYes
Sole proprietor forms a partnershipYes
Corporation changes its name or locationNo
Corporation elects S corporation tax treatmentNo
Merger where the corporation survivesNo, for the surviving corporation
Merger that creates a new corporationYes, for the new corporation
Partnership ownership change without terminationNo
LLC elects corporation or S corporation tax treatmentNo, for the election alone

Sources and context, checked :

Updating a name

The notification route depends on the entity type:

For a recently assigned EIN whose filing requirement has not been determined, the IRS business name change page gives a separate mailing instruction. Follow that page for the address.

  • Sole proprietor: send a signed letter to the IRS address where you file your return.
  • Corporation: check the name change box on the current return, at Form 1120 page 1 item E3 or Form 1120-S page 1 item H2.
  • Partnership: check the box at Form 1065 page 1 item G3.
  • Current return already filed: a corporate officer or a partner, as applicable, sends a signed letter.

Sources and context, checked :

Updating an address or responsible party

Form 8822-B reports changes to a business mailing address, business location or responsible party. It asks for the old and new address and the existing EIN. It is neither an EIN application nor the route for a name change.

A change of responsible party must be reported within 60 days. That deadline belongs to the responsible party change, so do not assume it applies to address or name updates.

Sources and context, checked :

Hypothetical example: same company, new name and office

Hypothetical: a corporation changes its legal and trading name and moves to a new office. Ownership and structure stay the same. The corporation keeps its EIN. It reports the name change through the box on its current corporate return, or by officer letter if that return is already filed, and updates its business address with Form 8822-B.

Compare a sole proprietor who incorporates the business into a new corporation. That is a different identity event, and the new corporation needs its own EIN.

Records for the decision

Before anyone applies for a number, write down what changed, the date it took effect and which entry on the IRS list applies. Keep these items with that note:

  • Formation, merger or conversion documents, or the name amendment
  • A copy of the name change letter or the return showing the checked box
  • The filed Form 8822-B and the date it was sent
  • The new EIN notice, if one was issued
  • A list of vendor, customer, bank and payroll records showing the old name or address, with the date each was updated

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