Legal Question in Business Law in New York

I am an officer of a corporation. I am not a shareholder my social security number was used for the company to obtain an ein #. Am I able to resign as officer and responsible party as well as remove my social security number from the ein # ?


Asked on 10/05/15, 8:13 pm

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

I think you are going to have to. All EIN applications (mail, fax, electronic) must disclose the name and Taxpayer Identification Number (SSN, ITIN, or EIN) of the true principal officer, general partner, grantor, owner or trustor. This individual or entity, which the IRS will call the �responsible party,� controls, manages, or directs the applicant entity and the disposition of its funds and assets. If there is more than one responsible party, the entity may list whichever party the entity wants the IRS to recognize as the responsible party. It is not common to see a non-interest holder use their ss number to support the EIN.

If you need some assistance, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 10/06/15, 7:24 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, the most straightforward way is to have the company submit form 8822-B to the IRS and change the responsible party designation. If the company is unwilling to do so then you should seek the help of an attorney.

Please contact me directly if you require help in this matter.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Answered on 10/07/15, 9:54 am


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