How to Get an LLC and an EIN: The Steps in Order

Step 1: Form the LLC with your state

Choose your state, usually the one where the business operates, and check that the name is available. Name a registered agent with a street address in that state, then file the formation document, usually called articles of organization, with the state business registry. Wait for approval, and keep the approved document: it shows the exact legal name and your state number. An operating agreement is worth writing too, because banks often ask for one when more than one person owns the LLC.

You can file this yourself on your state’s website. If you would rather have it done for you, America LLC Filing, our sister site, runs the name search, drafts the articles and submits them.

Step 2: Decide whether you need an EIN

The IRS requires one if the LLC has two or more members, has employees, or elects to be taxed as a corporation. A single-member LLC with no employees is the exception under IRS rules, but its bank will generally ask for an EIN anyway. If you are unsure, read does an LLC need an EIN.

Step 3: Gather what the EIN application asks for

• The LLC’s legal name, exactly as the state approved it
• The state where it was formed and the date the business started
• A US business address
• The number of members
• The responsible party’s name and SSN or ITIN, where they have one
• What the business does, and whether it expects to hire employees

The form does not ask for your state LLC number. That number and the EIN are often confused, and the LLC number vs EIN guide explains the difference.

Step 4: Apply for the EIN

You can apply yourself at no charge. The IRS online tool is the fastest route when it accepts the application: it is open Monday to Friday 6 a.m. to 1 a.m. (into the next day), Saturday 6 a.m. to 9 p.m., and Sunday 6 p.m. to midnight, Eastern time, must be finished in one session, and issues the number immediately. If the tool rejects the name, or the responsible party has no SSN or ITIN, the next route is Form SS-4 by fax, which takes about 11 business days. Use only one method, because applying twice can leave the LLC with two numbers. Our LLC EIN guide covers what the application asks an LLC, and we can file it for you.

Step 5: Finish the setup

1. Save the IRS confirmation. Banks ask for it, and it is the easiest proof of your EIN later.
2. Open the business bank account. The bank account guide lists what to bring.
3. Register for state taxes, if any apply. Selling taxable goods or hiring employees usually means a state tax account, and those applications generally ask for the EIN.
4. Note your state deadlines. Many states require an annual or periodic report, under your state number.

Mistakes that cost time

• Applying before the state approves the LLC. If the name then changes, the EIN no longer matches. The before or after guide says what to do if you already did this.
• Typing the name differently from the state record. A dropped comma or “LLC” written another way can cause problems at the bank.
• Applying again when you are not sure it worked. That is how a company ends up with two EINs.
• Assuming a formation service got the EIN. Check your package and that service’s account before applying.

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