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Memos

Tax Identification Numbers for Businesses and Trusts

Federal tax identification numbers and when a trust may need an EIN.

By Layne T. Rushforth

Your Tax ID.  Individuals eligible for a Social Security number can apply through the Social Security Administration. Individuals who need a federal taxpayer identification number and are ineligible for an SSN can apply for an ITIN using IRS Form W-7.

Tax ID for Entities.  A separate tax identification number (also "employer identification number" or "EIN") is required for business entities and irrevocable trusts that are not considered grantor trusts.  The IRS also refers to this taxpayer identification number as an EIN even when the taxpayer entity is not an employer.  IRS Form SS-4 is used to apply for this number, but it is also available online on the IRS web site.

EIN for Trusts.  An EIN for a trust is applied for using the same IRS Form SS-4 (or online web site) as for business entities.

Grantor Trusts.  Certain grantor trusts can report under the grantor’s taxpayer identification number using Optional Method 1. Grantor trusts that do not use that method generally need an EIN. See the IRS instructions for Form SS-4.  A grantor trust is recognized as a separate entity under state law but is ignored for purposes of federal income tax law.  Grantor trusts include all revocable trusts and irrevocable trusts for the benefit of the trust's creator (who might be referred to as the grantor, settlor, or trustor).  Some irrevocable trusts — sometimes called "intentionally defective grantor trusts" ("IDGTs") — are intentionally designed to be grantor trusts for federal income-tax purposes even though the settlor is not a trust beneficiary.

EIN for Irrevocable Grantor Trusts.  Even when the trust qualifies to report under the grantor’s taxpayer identification number, we recommend applying for an EIN if the trust is irrevocable.   There are a number of reasons for this recommendation:

Request for EIN.  When you open a financial account, you will be requested to provide a taxpayer identification number. Sometimes this is done by asking you to complete, sign, and submit an IRS Form W-9.  Be sure to submit the taxpayer identification number corresponding to the individual or entity that owns the asset.  If you find that a financial institution has an incorrect EIN, provide the institution with an IRS Form W-9 to update their records.

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