1. Businesses That MUST Have an EIN
Corporations (C-Corp and S-Corp)
All corporations are required to have an EIN, even if they have no employees.
Multi-Member LLCs
Any LLC with more than one member must obtain an EIN.
Partnerships
Any general or limited partnership requires an EIN.
Businesses With Employees
If you hire even one employee (full-time, part-time, or seasonal), you must obtain an EIN for payroll and employment taxes.
Nonprofit Organizations
Charities, foundations, and most tax-exempt organizations must have an EIN.
Trusts and Estates
Many trusts—especially those that generate income—need an EIN.
Estates handling a deceased person’s assets usually require one as well.
2. Individuals Who Need an EIN
Sole Proprietors Who Have Employees
A sole proprietor without employees can use their SSN.
With employees → EIN required.
Sole Proprietors Who Want Separation From SSN
Many individuals get an EIN voluntarily to protect privacy or because banks require it.
Independent Contractors/Freelancers (in certain cases)
You don’t always need an EIN, but you do if:
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You hire subcontractors
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A client requires an EIN to issue 1099s
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You operate as an LLC rather than as an individual
3. Special Cases That Require an EIN
Retirement Plan Administrators
If you administer a Keogh plan, you must have an EIN.
Certain Real Estate Investors
You need an EIN if:
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You run rentals through an LLC
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You have employees (e.g., maintenance staff)
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You operate as a partnership or corporation
Estates & Executors
Handling income generated from an estate requires an EIN.
Farmers (as a legal business entity)
Farming operations structured as LLCs, partnerships, or corporations need an EIN.
Churches and Religious Organizations
Most religious organizations need an EIN even if they don’t file tax returns.
4. Organizations That Also Need an EIN
The IRS requires an EIN for:
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Homeowners associations (HOAs)
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Political organizations
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Social clubs (501(c)(7))
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Labor unions
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Cooperative associations
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Business trusts
5. When You Do Not Need an EIN
You do not need an EIN if you are:
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A sole proprietor with no employees, no Keogh plan, and no LLC
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A single-member LLC with no employees that elects to be taxed as a disregarded entity
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A hobbyist generating small non-business income
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An individual filing taxes using only an SSN or ITIN
Summary Table
| Situation | EIN Required? |
|---|---|
| Corporations | Yes |
| Multi-member LLC | Yes |
| Single-member LLC (no employees) | No (unless electing S-Corp or C-Corp) |
| Sole proprietor with employees | Yes |
| Freelancer/contractor (no employees) | Optional |
| Nonprofit | Yes |
| Trusts/Estates | Yes |
| Hiring employees (any entity) | Yes |
| Bank requires EIN | Yes |
| No employees, no entity, personal SSN | No |