I want to retain my business creation date when I started as a sole proprietor for credit purposes. However I want to change my status to a single-member liability company being taxed as a sole proprietor with a different state in Michigan than from the one I live currently with the same EIN number I created for New York. Does my business start date change becoming a single-member LLC?
It depends upon the purpose for which you are stating the commencement date of the business. If the question concerns the commencement of the LLC or the application of the limited liability shield, the start date would be the date of formation of the LLC. If, however, it is a more general statement that the business has been conducted for x years or since a certain date, you should be able to tack on the period during which the business was operated as a sole proprietorship.
You will not be required to obtain a new EIN for the single member LLC if it does not choose to be taxed as a corporation or S corporation, and has no employees or excise tax liability. You should consult with an experienced Business Attorney to assist in transitioning from the sole proprietorship to the LLC.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. My intention in answering questions is to provide guidance that will familiarize the public with the subject matter and facilitate selecting and interacting with attorneys. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
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