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See if your business needs an EIN

An EIN is like a Social Security number for your business. Some businesses need one, while others can use the owner’s Social Security number. Answer two quick questions, and we’ll show you where you stand.

Do I Need an EIN?

Which state will your business operate in?

This tool provides general information and may not account for your unique situation. It should not be used as a substitute for professional legal or tax advice.

Based on IRS EIN rules. Free—no sign-up. Runs in your browser, selections are not stored or shared.

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Business ownership means a lot of “what is this?” moments. We built a tool to help answer these. Grounded in 25+ years of online legal service experience, these tools are free, specific, and ready to act on—solo or with specialist or attorney support.

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Get your EIN without the paperwork

Get it right up front

Getting the EIN question right up front keeps your bank account, payroll, and tax filings on track from day one.

Leave the SS-4 to us

Prefer not to deal with IRS forms? LegalZoom can file the SS-4 and obtain your EIN for you as part of our EIN service.

Talk to a tax pro

Not sure how your business is taxed, or whether an EIN is worth it? Connect with a tax professional before you decide.

What is an EIN?

An EIN, or employer identification number, is a nine-digit number the IRS uses to identify your business. Think of it as a Social Security number for your company. Despite the name, you don’t need employees to get one.

You’ll generally need an EIN if you have employees or run a partnership, corporation, or multi-member LLC. Even when it’s not required, many owners get one anyway to open a business bank account and keep their SSN off paperwork. This tool checks your answers against the IRS rules. Then you can apply for free with the IRS or let us handle it.

Know before you start

What is an EIN, and what is it used for?

An employer identification number (EIN) is a nine-digit number the IRS hands out to identify a business entity for tax purposes. Businesses use it on federal tax filings and to report certain taxes, but not every business actually needs one. Whether you do depends on your structure, what your business does, and your own situation.

It helps to separate what the IRS actually requires from what other parties simply ask for. A bank, a client, or an online platform might request an EIN because of its own internal policy, and plenty of business bank accounts get opened with one, but someone asking for it doesn't mean the law demands it. This article is general education, not legal or tax advice.

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Do I need an EIN if I'm a sole proprietor or freelancer with no employees?

A sole proprietor or freelancer without employees might not need an EIN at all, depending on the circumstances, but can usually get one anyway if they want. Some self-employed people can just use their Social Security number for tax reporting instead, though that varies by situation and jurisdiction.

Plenty of people grab an EIN voluntarily anyway. A client might ask for a taxpayer identification number before cutting a check, or a bank might want one before opening a business account. Others just don't like putting their Social Security number on invoices or contractor paperwork.

Other factors can change the answer, too. Certain tax obligations, extra business activities, or state and local rules might call for an EIN even without a single employee on payroll. Since your situation is your own, confirm with IRS guidance or a tax professional before assuming either way.

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Do I need an EIN if my business is an LLC or corporation?

Many LLCs and corporations must get an EIN, but requirements shift depending on structure, tax classification, and jurisdiction, so there's no one-size-fits-all answer. Here's what actually shapes the answer for your entity:

  • Number of members: A single-member LLC and a multi-member LLC get treated differently under federal tax law, and that difference can decide whether you need an EIN.
  • Tax classification: LLCs can be taxed in more than one way, and whichever classification applies changes what the IRS expects from you.
  • Employees: Once you hire people, the picture usually changes. More on that below.
  • Other requests: Banks, lenders, and state agencies often want an EIN for their own purposes, such as filing an annual report, separate from anything the IRS actually requires.

Check the IRS's current guidance for your entity type, and think about asking a licensed attorney or tax professional how the rules apply to your setup specifically.

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When does hiring employees mean I need an EIN?

Employers generally use an EIN to report employment taxes, which makes hiring your first employee a common trigger for needing one. Payroll tax filings and related forms typically hinge on the employer's EIN, so a business that's been running without one may suddenly need to get one the moment it starts cutting paychecks.

There are exceptions worth knowing about. Household employers, say, someone who hires a nanny or a home health aide, and a few other arrangements, follow their own set of rules. Check IRS guidance for your specific case rather than assuming the general rule covers you.

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How is an EIN different from a Social Security number, and can I use my SSN for my business?

A Social Security number identifies a person. An EIN identifies a business entity. You'll also hear the broader term "tax ID number," which covers several kinds of taxpayer identification numbers, EINs and SSNs included. So an EIN counts as a tax ID number, but not every tax ID number is an EIN.

Some owners, certain sole proprietors especially, can get away with using an SSN for tax purposes. Others, depending on structure or activities, have to use an EIN instead. Plenty of people get an EIN even when they don't strictly need one, mainly because they'd rather not hand out their personal number to every client, vendor, and bank they deal with.

Which option fits you depends on your structure, your circumstances, and sometimes your jurisdiction. If you're not sure, lean on IRS resources or talk to a tax professional.

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What are the typical steps to apply for an EIN?

EIN applications go through the IRS, so stick to the IRS's official application channels. Look-alike sites exist and will happily take your information, so start at IRS.gov for current instructions and eligibility details.

Here's the general flow:

  1. Confirm you actually need one. Check IRS guidance, and if it helps, talk to a professional about your structure and activities.
  2. Gather your information. You'll typically need details about your business entity and its "responsible party." The IRS has specific guidance on who qualifies, and it shifts by entity type, so check IRS.gov before filling that part out.
  3. Submit through official IRS channels. Follow the instructions on IRS.gov.
  4. Save your confirmation. Hang onto the IRS's confirmation for your records. You'll refer back to that number constantly for tax filings, business operations, and compliance.

Approval, processing times, and any costs involved are set by the IRS and can change without much notice, so check IRS.gov for current details before you start.

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Frequently asked questions

Is this report really free?
Yes. Your full personalized report is free, and the only thing you need to see it is an email address. No credit card, no trial, no catch. If you want help acting on what you learn, LegalZoom has services for that, but you never have to buy anything.
Is this legal advice?
No. LegalZoom provides legal information, not legal advice. Your report explains how the rules generally apply to your situation so you can make an informed decision. We can also connect you with an attorney through our Business Attorney Plan.
How accurate is my report?
We base your report on current state and federal information. Information changes, though, so it’s always smart to confirm with the state or a professional before taking action on your results.
What happens after I get my report?
Your report ends with clear next steps. You can handle them yourself, or get help from LegalZoom, from forming your business to staying compliant year after year. Most people start with the free report and decide from there.

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