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The Daily Insight

Does a sole proprietor need an EIN if they have employees?

Author

James Craig

Published May 16, 2026

However, at any time the sole proprietor hires an employee or needs to file an excise or pension plan tax return, the sole proprietor will need an EIN for the business and can’t use his or her social security number.

Who is required to have an EIN?

The IRS uses the EIN to identify the taxpayer. EINs must be used by business entities–corporations, partnerships, and limited liability companies. However, most sole proprietors don’t need to obtain an EIN and can use their Social Security numbers instead. Even so, you may want to obtain an EIN anyway.

When do single member LLCs with employees need Ein?

If the SMLLC checks box 13 of the SS-4, which states that the SMLLC has employees or expects to have employees, the single member owner will be assigned its own EIN (a second EIN) if it does not already have one. The single member owner will need its own EIN, even if the SMLLC will be filing the employment tax returns.

How to apply for a single member LLC?

An LLC applies for an EIN by filing Form SS-4, Application for Employer Identification Number. An SMLLC that is a disregarded entity does not need an EIN and should use the name and EIN of the single member owner for federal tax purposes.

How are single member LLCs classified by the IRS?

IRS Entity Classification. The IRS allows LLCs to choose how they will be classified for tax purposes. LLCs with two or more owners can choose to be treated as a partnership or corporation for tax purposes. Single-member LLCs can choose to be treated either as a corporation or a “disregarded entity.”.

Where to find single member limited liability company?

If the single-member LLC is owned by a corporation or partnership, the LLC should be reflected on its owner’s federal tax return as a division of the corporation or partnership. Taxpayer Identification Number