EIN mess-up

[Samantha]

Last thing first: a new EIN should have been applied for with the new business formation.

Facts: FL LLC operates as a Sole proprietorship for years. Mid-year 2021, owner takes on a 2nd owner and Form 2553 S election paperwork is filed (not received back or approved since IRS is 5 million returns behind according to the news). The IRS section "Do I need a new EIN?" https://www.irs.gov/businesses/small-businesses-self-employed/do-you-need-a-new-ein makes it clear change from sole prop to corporation does. Unfortunately, FL LLC was amended at state level and new EIN was not obtained. Now I have a 2021 partial year which need to go on 1st owner's Sch C like years past and the remainder of 2021 on an 1120S. I'm afraid that getting the new EIN online today and *using it* will complicate 1099 filings. I'm wondering if I just file total paid to contractors for 2021 under old EIN and for the federal returns - try to use the same EIN for both the Sch C and the 1120S....or file the Sch C under the owner's social and the 1120S under the EIN.

 

Other option is to get the new EIN and do 2 1099 filings under old and new for 2 separate ownership periods and payments to contractors from each time period but the bank account won't be changed to the new EIN until now - same with payroll filings. Thoughts? This is a mess!

[Lee B]

Don't know if you can still do this, but we used to be able to use "applied for" in an EIN box?

[Samantha]

That doesn't really address this issue so any other input from others is welcome and much appreciated! 

[JackieCPA]

You don't need a new EIN going from an LLC to an S-Corporation as they would still be an LLC just taxed as an S-Corporation. Unless you are filing for them to be incorporated as well. Or maybe I am misunderstanding the question.