Does an LLC Automatically Come With an EIN?

No, forming an LLC does not automatically come with an EIN. Your LLC is created at the state level when you file your formation documents, but the Employer Identification Number is a separate federal tax ID issued by the IRS. You apply for it on your own, the application is free, and most LLCs need one before they can file taxes, run payroll, or open a business bank account.

When Your LLC Is Required to Have an EIN

The IRS requires an EIN if your LLC does any of the following:

Has employees, even just one
Has more than one member (multi-member LLCs are taxed as partnerships by default and always need their own EIN)
Elects to be taxed as an S-corp or C-corp
Files excise tax returns on things like fuel, firearms, or certain manufactured goods
Withholds tax on payments to a non-resident alien

Miss any of these and your tax filings can stall, and penalties can follow.¹

The Single-Member LLC Exception

A single-member LLC that the IRS treats as a “disregarded entity” (taxed the same as a sole proprietorship) is allowed to get an EIN but is not required to have one for income tax purposes. You can file using your personal Social Security Number instead.²

That exception ends the moment your single-member LLC hires an employee or owes excise taxes. For employment and excise tax purposes, the IRS treats even a disregarded single-member LLC as a separate entity, and it must use its own name and EIN to report and pay those taxes.³

Even when the IRS doesn’t require one, most owners get an EIN anyway. Banks generally ask for it to open a business checking account, and putting your SSN on vendor W-9s raises your identity theft exposure. The application takes only a few minutes, so the practical case for getting one is strong even where the legal case is not.

What You Need Before You Apply

Form your LLC with the state first. Applying for an EIN before your entity is officially registered can delay processing.⁴ Then gather:

The legal name of the LLC exactly as it appears on your state formation documents
The LLC’s mailing address
The responsible party’s name and taxpayer ID (SSN or ITIN). This is the person who owns, controls, or directs the LLC and its funds, and it must be an individual, not another entity⁵
Your entity type (LLC) and reason for applying, such as starting a new business or hiring employees
A brief description of your principal business activity
Expected number of employees in the next 12 months (zero is a valid answer)

How to Apply

The application is Form SS-4, and every method is free. If a website charges you, it is not the IRS.

Online

The fastest option for applicants located in the United States or U.S. territories. You receive your EIN immediately once you finish. The tool is open Monday through Friday, 7:00 a.m. to 10:00 p.m. Eastern, and the session times out after 15 minutes of inactivity, so have your information ready before you start.⁴

The IRS allows only one EIN per responsible party per business day. Forming several LLCs at once means spreading applications across separate days or using fax or mail for the extras.⁶

Fax

Fax a completed Form SS-4 to the IRS. You typically get your EIN back by fax within four business days.⁷

Mail

Mail a completed Form SS-4 and expect four to five weeks of processing.⁷

Phone (International Applicants Only)

If you have no legal residence, office, or agency in the United States or its territories, call 267-941-1099 (not toll-free), Monday through Friday, 6:00 a.m. to 11:00 p.m. Eastern. Have a completed Form SS-4 in hand; the IRS representative walks through it and assigns an EIN during the call. Domestic applicants cannot use the phone method. Foreign applicants who don’t have an SSN can list an ITIN for the responsible party on Line 7.⁸

Don’t Pay Anyone to Get You an EIN

Because the IRS application is free, a cottage industry has grown up around charging for it. The Federal Trade Commission has flagged companies that collect hundreds of dollars to obtain an EIN that any business owner can get directly from the IRS at no cost, often using websites designed to look like official IRS pages.⁹

The real IRS application lives at irs.gov and never asks for payment. If you land on a page that looks official but wants a credit card, you’re on the wrong site. Search the company’s name with words like “scam” or “complaint” before giving them money or personal information.

What Happens After Approval

When the IRS assigns your EIN, it sends a confirmation document called a CP 575 notice. That notice is the only official proof the number belongs to your LLC, and banks, lenders, and state agencies ask for it regularly. Keep it somewhere safe.

The IRS does not set a hard deadline for getting an EIN after you form your LLC. In practice, you need one before you file your first return, run payroll, or open a business bank account. Waiting until tax season to discover you need one is a bad time to be stuck with the four- to five-week mail option.

When You Need a New EIN Later

Your EIN stays with your LLC through routine changes. A new name or a new address does not require a new number. Structural changes that alter the entity itself do.¹⁰

For LLCs, you need a new EIN if you:

Terminate your existing LLC and form a new corporation or partnership in its place
Own a single-member LLC that now needs to file employment or excise taxes (and previously used only your SSN)

For a straight name change without restructuring, you notify the IRS on your next tax return or by writing to the office where you file.¹¹

1
Internal Revenue Service. Employer Identification Number
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Internal Revenue Service. Instructions for Limited Liability Company Reference Guide Sheet
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Internal Revenue Service. Single Member Limited Liability Companies
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Internal Revenue Service. Get an Employer Identification Number
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Internal Revenue Service. Responsible Parties and Nominees
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Internal Revenue Service. 21.7.13 Assigning Employer Identification Numbers (EINs)
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Internal Revenue Service. Instructions for Form SS-4 – Application for Employer Identification Number
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Internal Revenue Service. Instructions for Form SS-4 (12/2025)
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Federal Trade Commission Consumer Advice. Don’t Pay to Get Your Employer Identification Number (EIN)
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Internal Revenue Service. When to Get a New EIN
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Internal Revenue Service. Business Name Change