Question

Asked: Nov 09, 2009

If we have a LLC in California and if we move to Delaware, can we keep same EIN number.

1 ) If we have a LLC in California and if we move to Delware, can we keep same EIN number ?

2) Further, if we want to convert LLC to S-Corp can we keep same EIN in Delware ?

Categories: In Legal > Incorporation and Legal Structures

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Voted Best Answer

First, you should be aware that a California LLC can do business in Delaware just as well as a Delaware one can, so you may not actually have a reason to "move" the LLC. If you decide that you want to exchange your California LLC for a Delaware one, you will probably need to get a new EIN. There might be ways to avoid doing so, but they would probably be somewhat complicated.

Second, if you convert the LLC to a corporation (whether S or normal) you will normally have formed a new entity for tax purposes and the new entity will need a new EIN. Again, there might be ways to avoid that result, but they would likely be complicated.

Answered: Nov 09, 2009

Answers

First, you should be aware that a California LLC can do business in Delaware just as well as a Delaware one can, so you may not actually have a reason to "move" the LLC. If you decide that you want to exchange your California LLC for a Delaware one, you will probably need to get a new EIN. There might be ways to avoid doing so, but they would probably be somewhat complicated.

Second, if you convert the LLC to a corporation (whether S or normal) you will normally have formed a new entity for tax purposes and the new entity will need a new EIN. Again, there might be ways to avoid that result, but they would likely be complicated.

Answered: Nov 09, 2009

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