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shelleyk
New Member

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

If I should change it to include the LLC, how do I do that?
8 Replies
GeorgeDenseff
Level 8

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

No, this is not OK. Having a different EIN company name from the one that you will use on your tax return can cause the IRS computer to flag your return to be investigated for fraud.

This needs to be corrected before you use the EIN to file taxes with the IRS   Contact the state where you filed for the EIN and ask them what procedure they need to make the EIN name change.  It will probably require a signed letter or completing a name change request form for that state.

tagteam
Level 15

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?


@GeorgeDenseff wrote:

....Contact the state where you filed for the EIN and ask them what procedure they need to make the EIN name change.  It will probably require a signed letter or completing a name change request form for that state.


If you are suggesting that @shelleyk contact the state in order to have the name of the LLC changed to remove the letters "LLC", that will simply not work. 

 

Most states require that "LLC" be included in the business name or, alternatively, some designation that indicates that the entity is an LLC (such as "Limited Liability Company").

Opus 17
Level 15

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?


@GeorgeDenseff wrote:

No, this is not OK. Having a different EIN company name from the one that you will use on your tax return can cause the IRS computer to flag your return to be investigated for fraud.

This needs to be corrected before you use the EIN to file taxes with the IRS   Contact the state where you filed for the EIN and ask them what procedure they need to make the EIN name change.  It will probably require a signed letter or completing a name change request form for that state.


I disagree for several reasons.

 

As mentioned below, I think it is probably not allowed to remove "LLC" from the business name.  LLCs are regulated by state law, and that may be a requirement.

 

Second, because LLCs are regulated by state law, they don't really exist for federal income tax purposes.  Your LLC will be treated as a sole proprietorship or an unincorporated partnership, unless you file a special form for be taxed as an S-corp.  I suspect that the difference between "Smith Renovations" and "Smith Renovations LLC" is not as disastrous as George suggests.

 

You have two options.

1. Create a new EIN (you can only create one per day so you might have to wait) and only use the new EIN.  The old EIN will remain dormant in the system and should not cause any harm as long as you don't use it by accident.

 

2. Stick with your current EIN, and write to the IRS to change the name.  I found these tips on a blog.

 

How Do You Change The Information Associated With The EIN Number?
Currently, there is no IRS form available to change previously filed information associated with the business or entity's EIN number. To change or update the information that the IRS has on file, submit a letter (on company letterhead if possible) to the appropriate IRS office (depending on the state or country the business or entity is located in) with the following information:

  • The responsible party's full legal name;
  • The responsible party's Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN);
  • The business or entity's full legal name;
  • The business or entity's employer identification number (EIN);
  • The business or entity's mailing address; and
  • The information associated with the EIN number that needs to be changed.

 

You would use the same procedure to inform the IRS of a change of address of the business. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
GeorgeDenseff
Level 8

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

I suggested to contact the state to add the letters LLC which were omitted on the application for EIN.  

tagteam
Level 15

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?


@GeorgeDenseff wrote:

I suggested to contact the state to add the letters LLC which were omitted on the application for EIN.  


The letters LLC, or some variant indicating that the entity is a limited liability company, are almost certainly required when registering with a state. As a result, the entity @shelleyk registered already contains the letters "LLC". 

 

The issue here is @shelleyk appears to have omitted those letters when applying for the EIN.

Carl
Level 15

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

Since LLC's are registered at the state level, I know in FL you are required by the state to always include either the letters LLC or the words "Limited Liability Company" in all paperwork and advertising that relates to the business.

Now assuming you applied for an EIN with the IRS and you did not enter "LLC" on your application with the IRS, your state has nothing what-so-ever to do with your error. But there is a procedure for changing the name with the IRS and retaining that same EIN.  See https://www.irs.gov/businesses/business-name-change for details.

 

Rick19744
Level 12

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

Honestly, there are many other questions on the SS-4 that we don't know the answer to beside the OP indicating they forgot to use the "LLC" in the official name when completing the online SS-4.

If that is the only missing piece of information, I would not worry about it and move forward.

As noted, it is most likely that the official name is correct with the state in which it was formed.

Since the question is being posed in "Premier Online" I am assuming that this is a single member LLC.

If that is the case, there are several questions regarding type of entity on the form, and specifically, a box should have been completed with the language "disregarded entity" or "disregarded entity sole proprietor".

Properly completing the online SS-4 will provide the IRS with sufficient information to tie this entity to your tax return whether you included LLC in the name or not.

While you may get a notice, you can easily send a reply explaining the situation.

There is no worry about fraud in my mind.

*A reminder that posts in a forum such as this do not constitute tax advice.*
Carl
Level 15

When I filled out my EIN application online, it sounded like not to include LLC. So I entered my legal company name, but did not put “LLC”. Is this okay?

If that is the only missing piece of information, I would not worry about it and move forward.

Same here. The IRS could care less, so long as you pay your taxes.

 

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