Legal Question in Business Law in California

converting partnership to LLC -- Need new EIN or not?

We are currently converting our partnership (2 people) to an LLC. We have already received notification that our ''LLC articles of organization - conversion'' form was accepted and is stamped ''FILED'' and we have received the ''statement of information'' form to fill out. What I am confused about is whether or not we need to file for a new EIN or if we can continue to use the EIN we used as a partnership. I want to open up a new checking account and get company credit cards in our new name, but to do this I need to provide the EIN, and so I need to know if the partnership EIN is appropriate or if I need to apply for a new EIN. Does it, or *can* it, just transfer over?


Asked on 3/08/06, 3:49 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: converting partnership to LLC -- Need new EIN or not?

My guess is that you may not, solely from the standpoint of change of organizational type, since the IRS does not distinguish between general partnerships and LLCs unless the LLC elects to be taxed as a corporation. HOWEVER, it may be required because the LLC's name will be at least slightly different from the partnership's, since it must now contain "LLC" or the equivalent. This alone could trigger a need for a new EIN. I suggest you go to the IRS Web site at www.irs.gov and download the instructions for Form SS-4. If you can't find your answer in the SS-4 instructions, I'd phone the help number contained in the instructions and ask the IRS directly.

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Answered on 3/08/06, 4:41 pm


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