SESK: Stuff Everyone Should Know · sesk.info/biz-ein-after-state-formation
Forming an LLC or corporation: which comes first, the state filing or the EIN?
Form the entity with the state first, then apply for the EIN.
- Form with the state first, then get the EIN ✔
- Get the EIN first, then form
- Do both on the same IRS form
Why: The IRS says to form your corporation or LLC through the secretary of state before applying for an EIN. Skipping that order can delay your EIN application.
Huh, didn't know that: An EIN is a federal tax ID, not the state filing that creates an LLC or corporation.
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References
Answer: Form with the state first, then get the EIN. The IRS says to form your corporation or LLC through the secretary of state before applying for an EIN. Skipping that order can delay your EIN application.
- IRS: Get an employer identification number www.irs.gov/businesses/small-businesses-self-employed/get-an-employer-identification-number
form your entity through the secretary of state before you apply for an EIN.
Checked 2026-10-11.
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