As a business owner in The Empire State, it is crucial to understand the importance of an Employer Identification Number (EIN) and how it impacts your New York LLC operations. An EIN is a unique nine-digit number the Internal Revenue Service (IRS) assigns to businesses operating in the United States for identification purposes. This number is essential for running a business, such as filing taxes, opening bank accounts, and hiring employees.
This article will explore the complete guide to Obtaining an EIN in New York and the responsibilities and requirements associated with having an EIN.
Webinarcare Editorial Team will help you understand the process of obtaining an EIN. You must be guided by all the factors gathered in this article.
EIN Definition and Purpose
To form an LLC, an EIN is necessary for your New York Business. An Employer Identification Number (EIN) is a federal tax identification number used by the Internal Revenue Service (IRS) to identify businesses in the United States. It is similar to a Social Security Number (SSN) for individuals but is specifically designed for businesses. The main purpose of an EIN is to help the IRS track and administer taxes for companies.
In New York, businesses are required to have an EIN if they meet any of the following criteria:
- Have employees
- Operate as a Corporation or Partnership
- File tax returns for employment, excise, or Alcohol, Tobacco, and Firearms (ATF) taxes
- Withhold taxes on income, other than wages, paid to a non-resident alien
- Have a Keogh plan (a tax-deferred pension plan for self-employed individuals or unincorporated businesses)
- Are involved with trusts, estates, real estate mortgage investment conduits, non-profit organizations, farmers’ cooperatives, or plan administrators
How to Obtain an EIN in New York
Obtaining an EIN in New York is a straightforward process; several methods are available to apply for one.
Online Application Process
The easiest and fastest way to obtain an EIN is by applying online through the IRS website. The online application is available for businesses in New York and the rest of the United States. To apply for an EIN online, follow these steps:
- Visit the IRS EIN Assistant webpage.
- Click “Apply Online Now” and follow the prompts to complete the application.
- Provide the necessary information, such as your legal name, trade name (if applicable), business address, and the responsible party’s Social Security Number or Individual Taxpayer Identification Number.
- Select the appropriate legal structure for your business (e.g., sole proprietorship, general partnership, corporation, etc.).
- Provide additional information as required, such as the number of employees, the reason for applying, and the primary business activity.
- Review and submit your application.
Upon successful completion of the application, you will receive your EIN immediately. Save or print a copy of the confirmation notice for your records.
Other Application Methods
If you prefer not to apply online or are unable to access the online application, you can also obtain an EIN through the following methods:
- Fax: Complete Form SS-4 (Application for Employer Identification Number) and fax it to the appropriate fax number listed on the IRS website. You should receive your EIN within four business days.
- Mail: Complete Form SS-4 and mail it to the appropriate address on the IRS website. The processing time for mailed applications is approximately four weeks.
- Telephone: International applicants can apply for an EIN by calling the IRS at 267-941-1099 (not a toll-free number) from 6:00 a.m. to 11:00 p.m. Eastern Time, Monday through Friday.
After you have your EIN number, you can benefit in several ways. It will give your New York LLC the final advantage necessary to operate fully without legal or judicial issues.
If you have a Resident Agent, he can file for your EIN. Also, if you are planning to file for an LLC in New York, your Resident Agent should file for the Articles of Organization in the New York Secretary of State.
Uses of EIN in New York
An EIN must run a business in New York. Some of the primary uses for an EIN include:
Opening a Business Bank Account
Banks typically require an EIN to open a business bank account, which is essential for separating your personal and business finances. With a business bank account, you can accept payments, deposit funds, and manage your company’s finances more efficiently.
If you are planning a bank for your New York business, you can check out the Best Banks in New York, which offer the best combination of fees, services, and convenience for your business needs.
Filing State and Federal Taxes
Businesses in New York must file taxes with both the state and federal governments, and an EIN is necessary to report and pay these taxes. Your EIN is used on various tax forms, such as income tax returns, employment tax returns, and excise tax returns which you can pay in New York State Department of Taxation and Finance.
Be guided by the Small Business Tax article to know more about mandatory taxes in New York.
Payroll and Employee Tax Reporting
If your business has employees, you will need an EIN to report wages and other compensation paid to your workers. Additionally, an EIN is required for withholding and remitting federal income and payroll taxes on your employees’ behalf.
If you hire an employee for your business, you must request that your employees complete the following forms:
- Employment Eligibility Form
- Federal Tax Withholding Form
- W-4 Form
- Workers Compensation Claim Form
- Disability Self-Identification Form
- U.S. Citizenship and Immigration Services Form
Applying for Business Licenses and Permits
An EIN is often required when applying for business licenses and permits in New York. These licenses and permits may be necessary for various aspects of your business operations, such as zoning approval, health permits, or sales tax registration.
In New York, business license fee costs around the range of $50 – $300. You can check out New York Business Licenses to learn more about licenses and permits.
Establishing Credit and Securing Loans
An EIN can help your business establish credit, as it serves as an identifier for your company in the eyes of financial institutions. Additionally, lenders may require an EIN when applying for business loans or lines of credit.
Responsibilities and Requirements for EIN Holders in New York
As an EIN holder in New York, you are responsible for several tasks related to maintaining and managing your EIN. Some of these responsibilities and requirements include:
Updating the IRS on Changes to Business Information
If your business undergoes significant changes, such as a change in address, legal structure, or a responsible party, you must inform the IRS by filing the appropriate forms. This ensures the IRS has accurate and up-to-date information about your business and can properly administer taxes.
You can go to the Update My Information website of the Internal Revenue Service.
Required Tax Filings and Payments
With an EIN, your business is responsible for filing various tax returns and making tax payments to federal and state governments. Be informed about the specific tax obligations for your business type and industry in New York.
To keep your business in good standing in New York, you must file an annual report with the New York Secretary of State. The annual report provides updated information about your LLC, such as changes in address, members, or Resident Agent.
In New York, the Biennial Report fee costs around $4.50 which can be paid every 2 years (end of anniversary month).
Proper record-keeping is essential for businesses with an EIN, as it helps ensure accurate tax reporting and compliance with laws and regulations. Maintain records of your company’s income, expenses, and other financial transactions to facilitate accurate tax filing and minimize potential issues with the IRS.
Establish a reliable accounting system to track income, expenses, and tax obligations. You can manage your finances using spreadsheets, accounting software, or hiring a professional accountant.
Closing an EIN Account
Suppose your business ceases operations or no longer requires an EIN. In that case, you must notify the IRS by submitting a letter containing your complete legal name, EIN, business address, and the reason for closing the account. This allows the IRS to update its records and prevent future tax-related issues.
If you have a copy of the EIN Assignment Notice that was issued when your EIN was assigned, include that when you write it to the IRS with the below mailing address:
- Internal Revenue Service MS 6055 Kansas City, MO 64108
- Internal Revenue Service MS 6273 Ogden, UT 84201
Or, you can check out Canceling an EIN via the IRS for further information.
Common Issues and Solutions for EIN in New York
Business owners in New York may encounter issues related to their EIN, such as losing or misplacing the number, incorrect information on the EIN application, or changes in business structure or ownership. Here are some solutions to common EIN-related problems:
Lost or Misplaced EIN
If you lose or misplace your EIN, you can contact the IRS by calling their Business & Specialty Tax Line at 1-800-829-4933. The IRS representative can provide you with your EIN after verifying your identity.
Incorrect Information on EIN Application
Suppose you discover an error on your EIN application, such as an incorrect business name or address. In that case, you can correct the information by submitting a letter to the IRS detailing the changes. Be sure to include your EIN, the incorrect information, and the correct information in your letter.
Change in Business Structure or Ownership
If your business undergoes a significant legal structure or ownership change, you may need to obtain a new EIN. Consult the IRS guidelines to determine if a new EIN is necessary.
Dealing with Identity Theft or Fraud
If you suspect your EIN has been compromised or used fraudulently, immediately report the issue to the IRS. The IRS can guide you through the steps to secure your EIN and protect your business from potential tax-related issues.
State-Specific EIN Information and Resources
To further assist businesses in New York, here are some state-specific resources and information related to EINs and taxation:
1. New York State Tax Agency Information
The New York state tax agency can provide information on state tax requirements, forms, and filing deadlines. Be sure to familiarize yourself with the state tax obligations for your business type and industry.
2. New York Business Registration Requirements
In addition to obtaining an EIN, businesses in New York must also register with the appropriate state agencies. This may include registering your business name, obtaining necessary licenses and permits, and registering for state taxes.
3. New York Employer Tax Obligations and Filings
Employers in New York must comply with various state tax obligations, such as withholding state income tax from employee wages and reporting these withholdings to New York State Department of Taxation and Finance. Research your business’s specific employer tax requirements in New York.
4. Local Resources and Assistance for Businesses in New York
Many local organizations and government agencies in New York offer resources and assistance for small business owners. These resources may include business counseling, training, and financial assistance programs.
Do I Need to Apply for an EIN If I Also Have Business In Other States?
Yes, if you are operating a business with employees, have a corporation or partnership, or are required to file employment, excise, or alcohol, tobacco, and firearms tax returns, you will need an EIN (Employer Identification Number). If your business operates in multiple states, you only need one EIN for federal tax purposes. However, you may need to register for state-specific tax identification numbers in each state where you conduct business. Check with the New York State Department of Taxation and Finance to determine their requirements.
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In conclusion, understanding the importance and uses of an EIN in New York is crucial for the successful operation of your business. By obtaining and maintaining your EIN, you can ensure compliance with federal and state tax laws, establish a strong financial foundation for your company, and access various resources and opportunities for growth. Be sure to utilize the available resources and support for businesses in New York to maximize your chances of success.