Pomona, CA asked in Estate Planning and Probate for New York

Q: What is the process to close an IRS EIN Estate Account?

A property was inherited by my brother and myself after father's death, and our accountant opened an IRS EIN Account, which has been claiming income for this property. A probate proceeding was never entered into and the property was never probated, though we continued to claim yearly income and pay taxes through this account. We will be selling property shortly and I would like to know what is the process for closing such an account with the IRS. Will the IRS require any document from a court stating the estate has been liquidated/sold? My accountant is not clear on this point. Was it improper to open an Estate EIN account and then decide not to proceed with probate? As per Will we are both co-executors and sole co-beneficiaries. Thank you.

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1 Lawyer Answer
Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: The IRS cannot cancel your EIN. Once an EIN has been assigned to a business entity, it becomes the permanent Federal taxpayer identification number for that entity. Regardless of whether the EIN is ever used to file Federal tax returns, the EIN is never reused or reassigned to another business entity.

See: https://www.irs.gov/.../canceling-an-ein-closing-your-account

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