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Ounsel (Income Tax and Accounting) CC;:DOM: IT&A subject a Authority to Deny Employer Identification Numbers This is in response to your request for assistance regarding the Service's authority to deny employer identification numbers (EINs) to certain taxpayers. DISCLOSURE STATEMENT OD1... .p.oifio.11y aark.4 "&000wl.49.4 SigDifio.Dt &4vio., xay Di iD.t.4" U ov., tlli. oraD4ua i. Il2l to 1 . oircu1.t.eI or eli....iD.t.4 ezo.pt proviel.eI iD p.r.gr.pb V.B.' 'of .otio. 8(.
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Identitied FAQ
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When the assets are distributed or liquidated without paying the tax owed, the IRS can step in and recover the taxes from the personal assets of the executor.
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When a person passes away and an estate is opened to handle the distribution of the person's assets and other legal matters, the first thing those handling the estate should do is obtain an Employer Identification Number (EIN) to identify the estate to the Internal Revenue Service (IRS).
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– If the Grantor is alive, they can be a Responsible Party for the company. If there are multiple Grantors, you can select any one of them. – In the event of the Grantor(s) being passed away, the Trustee (or the Successor) can assume the role of a Responsible Party.
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Use Form SS-4 to apply for an EIN. An EIN is a 9-digit number (for example, 12-3456789) assigned to sole proprietors, corporations, partnerships, estates, trusts, and other entities for tax filing and reporting purposes. The information you provide on this form will establish your business tax account.
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Every EIN application requires that a person who is a principal officer, general partner, grantor, owner, or trustor be designated as the primary point of contact and responsible for receiving correspondence from the IRS related to the entity. This person is called the “responsible party” by the IRS.
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For trusts, the responsible party is a grantor, owner, or trustor. For decedent estates, the responsible party is the executor, administrator, personal representative, or other fiduciary.
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One of the most popular reasons the IRS might deny your EIN application is because the name of your company is not distinguishable from one or more companies already in existence.
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The "responsible party" is the individual or entity that controls, manages, or directs the entity and the disposition of the entity's funds and assets, unlike a nominee, who is given little or no authority over the entity's assets.
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