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Can I create a new corporate entity either in NV or another state and use the same name for EIN purposes?

Las Vegas, NV |

I have an abandoned corp in NV that I wish to move or recreate, but I'd like to be able to reuse the EIN. If not, should I just reapply for a new EIN? I have an active bank account in the corp's name that I'd like to hold onto if possible.

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Attorney answers 3

Best Answer
Posted

Hard to tell if abandoned means suspended. Each corporation (and individual) has a separate identity including tax ID number. You can't give a child a social security number of a deceased child or a new business entity the number of a suspended or closed or dissolved corporation.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

I'm not sure of the correct terminology, but I haven't filed anything nor paid any fees for the old corp since it's inception. If I understand your reasoning, I basically need to apply for a new EIN for any new entity. Since I haven't filed anything for the current EIN, I wonder if I can still use it?

Posted

Seems as though the Company no longer exists. So using its 'old' EIN would constitute a fraud. If I were you I'd form a NEW Corporation and get a new Taxpayer ID. Especially these days. Let me know if we can be of help. My office forms many Corporations and LLCs.

Posted

The Secretary of State's website will tell you whether it is merely suspended, revoked, or permanently revoked.

It probably would cost lest to start from scratch--which would also let you use an LLC instead of a corporation.

The IRS hands out EIN instantly and without cost--but they are tied to an entity; you can't file taxes with the wrong EIN!