No. Forming an LLC does not come with an EIN. Your LLC is created at the state level when your formation documents are accepted, while an Employer Identification Number is a separate federal tax ID issued by the IRS. You have to apply for it yourself, and in many situations you cannot legally operate without one. The application is free and, done online, usually takes only a few minutes.
Why State Formation and the EIN Are Separate
State and federal agencies handle different pieces of your business. When your state approves your Articles of Organization, your LLC legally exists as an entity under state law. That approval does not travel to the IRS, and the IRS does not assign tax IDs on its own. If you want an EIN, you ask for one, on IRS Form SS-4.1Internal Revenue Service. Get an Employer Identification Number
The order matters. You must form your LLC with your state before applying for an EIN. The IRS warns that applying before your entity is officially registered can delay processing.1Internal Revenue Service. Get an Employer Identification Number
Does Your LLC Actually Need an EIN?
Most LLCs do. The IRS requires an EIN if your LLC:
- Has employees, even just one. You need the number to report wages and pay employment taxes.
- Has more than one member. Multi-member LLCs are taxed as partnerships by default and always need their own EIN.
- Elects to be taxed as an S-corp or C-corp. The number is required regardless of how many members the LLC has.
- Files excise tax returns on things like fuel, firearms, or certain manufactured goods.
- Withholds tax on payments to a non-resident alien.
Missing any of these triggers can delay your tax filings and expose you to penalties.2Internal Revenue Service. Employer Identification Number
Single-Member LLCs: The One Case You Might Not Need One
A single-member LLC that the IRS treats as a disregarded entity (taxed the same as a sole proprietorship) is allowed to get an EIN but is not required to have one for income tax purposes. You can file using your personal Social Security Number instead.3Internal Revenue Service. Instructions for Limited Liability Company Reference Guide Sheet
That exception disappears the moment your single-member LLC hires an employee or owes excise taxes. For employment and excise tax purposes, the IRS treats even a disregarded single-member LLC as a separate entity, and the LLC must use its own name and EIN.4Internal Revenue Service. Single Member Limited Liability Companies
Even where the IRS does not technically require one, most single-member owners get an EIN anyway. Banks usually ask for an EIN to open a business checking account for an LLC, and using your SSN on vendor W-9s and other business paperwork increases your exposure to identity theft. For the few minutes it takes, an EIN is one of the simplest ways to keep personal and business finances cleanly separated.
How to Get an EIN
The IRS issues EINs through four channels, and all of them are free. Any site charging you is not the IRS.
Online
The fastest route for applicants in the United States or U.S. territories. You receive the EIN immediately when you finish the application. The tool is open Monday through Friday, 7:00 a.m. to 10:00 p.m. Eastern Time, and the session times out after 15 minutes of inactivity, so gather your information before you start.1Internal Revenue Service. Get an Employer Identification Number
One cap to know: the IRS allows only one EIN per responsible party per business day. If you’re forming more than one LLC, spread the applications across different days or use fax or mail for the extras.5Internal Revenue Service. 21.7.13 Assigning Employer Identification Numbers (EINs)
Fax
Send a completed Form SS-4 by fax. You typically get the EIN back by fax within four business days.6Internal Revenue Service. Instructions for Form SS-4 – Application for Employer Identification Number
Mail a completed Form SS-4 to the IRS. Processing takes four to five weeks.6Internal Revenue Service. Instructions for Form SS-4 – Application for Employer Identification Number
Phone
Phone application is reserved for applicants with no legal residence, office, or agency in the United States or its territories. They call 267-941-1099 (not toll-free), Monday through Friday, 6:00 a.m. to 11:00 p.m. Eastern Time, with a completed Form SS-4 in hand. The representative assigns the EIN during the call. Domestic applicants cannot use the phone method.7Internal Revenue Service. Instructions for Form SS-4 (12/2025)
The IRS does not set a hard deadline for obtaining your EIN after forming the LLC. Practically, you need one before you file your first tax return, run payroll, or open a business bank account.
Don’t Pay a Third Party for It
Because the IRS application is free, a cottage industry has grown up around charging people for it. The Federal Trade Commission has flagged companies charging hundreds of dollars to “get” an EIN that any owner can obtain directly from the IRS at no cost, often through websites designed to look like official IRS pages.8Federal Trade Commission Consumer Advice. Don’t Pay to Get Your Employer Identification Number (EIN)
The real EIN application lives at irs.gov and never asks for payment. If a site that looks official asks for a credit card, you’re in the wrong place.
When You Need a New EIN Later
Your EIN stays with your LLC through routine changes. Changing your business name or address does not require a new number. Structural changes that alter the entity itself do.9Internal Revenue Service. When to Get a New EIN
For LLCs specifically, you need a new EIN if you:
- Terminate your existing LLC and form a new corporation or partnership in its place.
- Own a single-member LLC that now needs to file employment or excise taxes after previously using only your SSN.
For a name change that doesn’t involve restructuring, you notify the IRS on your next tax return or by writing to the IRS office where you file. IRS Publication 1635 covers which changes require a new EIN and which only require notification.10Internal Revenue Service. Business Name Change
One boundary worth naming: if you are a non-U.S. resident forming a U.S. LLC, the online application is not available to you, and the responsible party can use an ITIN in place of an SSN. The phone method above is built for your situation.11Internal Revenue Service. Responsible Parties and Nominees