Discussion:Amending Original IRS Form-SS4
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Discussion Forum Index --> Tax Questions --> Amending Original IRS Form-SS4
Bottom Line (talk|edits) said: | 25 March 2007 |
| What's the problem? | |
| 25 March 2007 | |
| Client filed an original ss-4 as a sole member llc, but intended to have partners. | |
| 25 March 2007 | |
| I'd have to guess IRS doesn't care. Entries on SS-4 tell IRS what filing requirements you will have. When the first 1065 comes in, the "entity module" should then reflect an annual 1065 requirement. Same effect as filing a Sch C for a single-member, then the entity brings in a partner. Where practical, they try to deign their systems to take care of themselves. | |
| 25 March 2007 | |
| I would think a new SS-4 is required at the time the smllc takes a new member, assuming it's not elected to be taxable as a corporation. Basically, a partnership is formed at the time a new member comes into play. Absolutely no different than a Sched C taking on a partner and filing a 1065...i.e. new ein... | |
Bottom Line (talk|edits) said: | 25 March 2007 |
| Glmpllc makes sense. I remember something about going the opposite way (MMLLC to SMLLC) needing a new EIN. | |
| 25 March 2007 | |
| Could all be, but what's the enforcement purpose? A Sch C flips to initial 1065 with same EIN. An SS-4 says no EE's. Then we later hire workers and file a 941. From what I can see on irs.giv, the entity module display still looks like it always did. You file a new BMF return under the EIN, the filing requirement is updated. The worst that would happen is an inquiry letter, which would be easy to answer, probably in "space provided below."
Going to Sch C makes sense for new SS-4. The final 1065 should kill the EIN for use on any other BMF filing. However we may not need an EIN for a Sch C, so the computer has to allow for that case. | |
| 25 March 2007 | |
| Does IRS say that somewhere? If you file a new SS-4 with same entity name and address, it's going to reject. To change the name, the State may charge us a fee. Then any paper stock we've paid a printer for gets tossed in the trash. I would file initial 1065 and see what happens. Has it ever rejected on anybody? It depends upon how IRS has programmed its computer and the degree to which they manually research SS-4s. | |
| 25 March 2007 | |
| My two cents - in general, Kevinh5 is correct. The IRS does have a list of when you need to apply for an EIN. I beleive that info is contained in the instructions. You have a unusual situation; I would call the entity control number listed in the instructions. Usually that number is not too busy - or file the 1065 and if you get a notice explain it then. | |
| 25 March 2007 | |
| A quick google turned up below link, in Entity Control's manual. Dangerous to refer to, as processing was not my area, but the jabberwocky recognizable. Looks like an initial 1065 will reject as duplicate EIN filing, but the potentially unpostable condition occurs only if a 941 filing requirement (a Sch C filing 941s). In any event, they can research and see on various computer screens what the t/p is doing. I guess either patch the entity module if obvious, or inquire. | |
| 25 March 2007 | |
| TxSrv...I believe Lines 16 on the SS-4 need to be completed in this instance and would provide the IRS with the ability to understand what transpired.
It is peculiar, though, that an llc (disregarded entity or partnership) that elects to be taxable as a corporation does not get a new EIN. | |
| 25 March 2007 | |
| A SMLLC doesn't really have an EIN which IRS cares about, unless someone else tries to use it. It's a disregarded entity. The impact of a Sch EIN is if it's a 941 filer, and hence the unpostable condition if another entity comes in with that EIN on an initial BMF filing other than 941. A new SS-4, or "amended" SS-4 but which I can't find reference to on the site, or initial 1065 filing -- one way or other the same shop handles it all. As suggested above, we can also just give Entity Control a call. | |
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