Legal Question in Tax Law in California
Federal and State tax payer identification number
Company A is a full C corporation and was started in 1995. Company B is a full C corporation and was started in 2005. Company B is a wholly owned subsidiary of company A.
Both companies operate in California, out of the same building, at the same address and have the same owners and corporate officers.
Is company B REQUIRED to have a separate tax payer ID number, or since it is a (wholly owned) subsidiary can both companies file a single tax return under company A's existing tax payer ID number.
3 Answers from Attorneys
Re: Federal and State tax payer identification number
a separate tax id is required, but a consolidated return may be possible. see:
http://www.irs.gov/instructions/i1120_a/ch02.html
http://www.irs.gov/pub/irs-pdf/f1122.pdf
Re: Federal and State tax payer identification number
Any legal entity must have its own tax ID number and file their own tax return, whether or not it is a subsidiary.
Re: Federal and State tax payer identification number
They are two separate entities and each must have a separate tax ID number.
A corporation is a legal entity that exists separate and apart from the shareholders. A corporation has rights and can even commit crimes. The status as a subsidiary corporation makes no difference.