What Do I Do After EIN Reference Number 101?

Last updated November 10, 2026 · Written by the EIN Registration filing team

After reference number 101, stop retrying online, keep your business name as it is, and fax Form SS-4 to the IRS. A 101 is a name conflict that the online application will not decide. A person at the IRS can, and that person reads faxed forms. Of 215 applications EIN Registration filed in the 90 days to November 10, 2026, 30 (14%) were stopped by Reference 101.

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The steps, in order

  1. Stop applying online. The same name returns 101 every time, and repeated attempts end in a lockout for the day.
  2. Do not change the name. The EIN must be issued in the name on your Articles of Organization or Certificate of Formation, character for character.
  3. Check that the company has no EIN already. The match can be your own company, if a partner or a formation service applied before you. See how to find an LLC's EIN.
  4. Fill in every line of Form SS-4 and sign it. Use the name exactly as the state approved it. See the line-by-line instructions.
  5. Attach your formation document. It shows the examiner the name the state accepted.
  6. Fax it to 855-641-6935 with a return fax number on the form. That is the number for a business in a U.S. state. How applying by fax works has the others.
  7. Wait about 11 business days. Do not send it twice. A second copy can produce a second EIN.

What a 101 is not

It is not a rejection of your business, and it does not mean your state filing is invalid or that you are losing the name. State registries check names within one state; the IRS matches across the country. The full explanation is in what reference number 101 means.

What the IRS manual says

The IRS's own procedures for EIN applications are in Internal Revenue Manual section 21.7.13. These passages are quoted word for word.

What happens when you call the IRS about it
“Reference numbers 101 or 115 are directed to a CSR for assistance. All other reference numbers are routed to an automated message which provides instructions to correct invalid information and resubmit the application or submit Form SS-4, Application for Employer Identification Number, by mail or fax.”

IRM 21.7.13.3.4.1, Modernized Internet EIN (10-01-2026)

What the online application checks before it issues a number
“Only applicants who pass the validation receive an EIN during the online session.”

IRM 21.7.13.3.4.1, Modernized Internet EIN (10-01-2026)

The message does not say what the number means
“The online message does not provide a definition of the three-digit reference number (reject code).”

IRM 21.7.13.3.4.1, Modernized Internet EIN (10-01-2026)

The manual does not publish what each reference number means: the tables that list them are withheld from the public copy. The meanings on this page are what each number has meant on the applications we file. Source: IRM 21.7.13, Assigning Employer Identification Numbers, read November 10, 2026.

Quick answers

What do I do after reference number 101?

Stop applying online, because the same name returns 101 every time. Keep the name exactly as the state approved it, fill in Form SS-4 completely, attach your formation document, and fax it to the IRS so a person reviews the name match.

Do I have to change my business name after a 101?

No. The name on the EIN has to match your state formation documents. An examiner who reviews a faxed Form SS-4 can approve the exact name the state accepted, and a changed name creates a mismatch that surfaces later at the bank and at tax time.

How long does the fax take after a 101?

About 11 business days when you give a return fax number. Without one the answer comes by mail, which takes weeks.

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Related guides

You can also apply for an EIN directly with the IRS at irs.gov at no cost.