Slidell, LA asked in Tax Law for Mississippi

Q: Can you apply for an EIN after dissolving your LLC with the state?

Hello, my partner and I started a business (LLC) in late 2024, but we dissolved it due to funding and administrative issues and couldn't get an EIN for the LLC. Now that we have to file Form 1065, we need an EIN. Can we get an EIN even after dissolving the LLC for tax filing purposes? I tried calling the IRS Business support section, but it doesn't get anywhere from its automated system to speak with someone.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your LLC has been officially dissolved with the state, you generally cannot obtain an EIN for it because the business no longer exists as a legal entity. The IRS issues EINs to active businesses, so if the LLC is dissolved, the application would likely be rejected. However, you may need to report past business activity, and for that, you might explore options with the IRS.

One option is to reinstate the LLC with the state if possible, then apply for an EIN. If reinstatement isn’t an option or isn’t necessary, you can try calling the IRS at 800-829-4933 during their business hours and navigate through their phone system to speak with someone directly. It can be frustrating, but persistence is key.

If you cannot obtain an EIN for the dissolved LLC and still need to file Form 1065, you may need to reach out to the IRS for guidance on how to proceed. Sometimes, tax filings for dissolved businesses can be handled using a responsible party’s Social Security Number or another method. It’s best to confirm directly with the IRS to avoid potential issues.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.