Exercise 1 Introduction: It is very similar to PAN /TAN in India A federal tax identification number is another name for EIN. EIN are issued free of cost by the IRS for the purpose of tax administration. EIN are 9 digit number issued in the USA to identify business identifies in the same way that social security numbers are used to identify individual citizens When you will need an EIN in case of Sole proprietors You are subject to bankruptcy proceedings. You incorporate. You take in partners and operate as a partnership. You purchase or inherit an existing business that you operate as sole proprietorship. You will not be required to obtain EIN if any of the following information is true: You change the name of your business. You change your locations/add other locations. You operate multiple business. When you will need an EIN in case of Corporations: You are become a subsidiary of a corporation using the Parents EIN You change to partnership or a sole proprietorship. A new corporation is created after a statutory merger. You will not be required to obtain new EIN if any of the following statements are true You are a division of a corporation. The surviving corporation uses the existing EIN after a corporate merger. A corporation declares bankruptcy. The corporation’s name or location changes A corporation chooses to be taxed as S corporation. Reorganization of a corporation changes only the identity or place Conversion at the state level with business structure remaining unpaid. You will be required to obtain new EIN in case of partnership: You incorporate. Your partnership is taken over by one of the partners and is operated as sole proprietorship. You end an old partnership and begin a new one. You will not be required to obtain new EIN in case of partnership if any of the following statements are true. The partnership declares bankruptcy. The partnership name changes. You change the location of the partnership or add other locations. 50 % or more of the ownership of the partnership changes hands with twelve-month period When you will need an EIN in case of LLC: A new LLC with more than one owner is formed under state law A new LLC with one owner is formed under state law and chose to be taxed as a corporation. A new LLC with one owner is formed under state law and has an excise tax filing requirement or an employment tax filing requirement You will not be required to obtain a new EIN if any of the following statements are true: You report income tax as branch or division of a corporation or other entity- and the LLC has no employees or excise tax liability. An existing partnership converts to an LLC classified as partnership. The LLC name or location changes AN LLC that already has an EIN chose to be taxed as a corporation or S corporation and has no employees or excise tax liability. A new LLC with one owner is formed under state law does not choose to be taxed as a corporation or S corporation and has no employees or excise tax liability.
Answers to the questions
a. Based on the above information no need to change an EIN in case of partnership name change b. Based on the above explanation a sole proprietorship needs to obtain EIN in case of addition of partners c. Based on the above explanation a company need not get EIN in case of its bankruptcy d. EIN needs to be applied based on the above explanation e. Based on the above information a sole proprietor need not apply for EIN f. Based on the above explanation LLC is required to obtain EIN. Exercise 2 Part 1 Ans 1: Since the entity has less than 5000 shares the tax need to be paid is $175. As per authorized shares method. Ans 2 Step 1: total gross assets /issued shares=Assumed par =1000000/475000=2.105263 Step 2 : Use that assumed par and multiply with shares having par value less than assumed par =1000000*2.105263 =2105263 Step 3: Multiply the shares with par value greater than assumed par by their respective par value =250000*10=2500000 Step 4: Add step 2+step 3 =2105263+2500000=4605263 Step 5: Round off step 4 to nearest millions. =5 Step 6: Multiply step 5 by $400 to get franchise tax. =5*400 =$2000 Part 2: Payment of franchise tax in Delaware. https://drive.google.com/file/d/16xxJ1J86Y9pclEJXrjSTkCkdEuxPVQof/ view?usp=sharing
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