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When should I use my Single Member LLC EIN vs my Sole Proprietorship EIN for tax filings?

I've got myself in a bit of a paperwork mess with my business and EINs, hoping someone can help sort this out. I started my photography business as a sole proprietorship a few years back and got an EIN (let's call it 11-1111111) so I wouldn't have to give out my SSN on W9 forms to clients. Last year, I converted the business to a single-member LLC for liability protection but kept operating it as a disregarded entity for tax purposes. According to the IRS rules, I didn't technically need a new EIN since I have no employees and don't file as a corporation. But when I set up with Square for payment processing, they required me to have an EIN specifically for the LLC. So I applied and got a second EIN (let's say 22-2222222) just to satisfy Square's verification process. Now I'm confused about which EIN to use where. The IRS instructions for W9 forms say NOT to use the disregarded entity's EIN, but instead use the owner's SSN or EIN (which would be my sole prop EIN). The Schedule C instructions seem to say the same thing - that I should only use the LLC's EIN for qualified retirement plans, employment taxes, excise taxes, etc., none of which I have. My biggest worry is what happens when Square sends me a 1099-K with my LLC's EIN (22-2222222). Since I'm not supposed to put that EIN anywhere on my tax return according to IRS instructions, will this create problems? Will the IRS think I'm not reporting income associated with that EIN? I've asked a couple of accountant friends and they seem stumped by this situation too. Anyone deal with something similar?

This is exactly the kind of EIN confusion that trips up so many small business owners! You're not alone in this - I see this scenario constantly in my work helping folks navigate business tax issues. The key thing to remember is that your single-member LLC is "disregarded" for federal tax purposes, which means the IRS treats you as if the LLC doesn't exist when it comes to taxes. So yes, you should continue using your original sole proprietorship EIN (11-1111111) on your Schedule C and other tax forms. When Square sends you that 1099-K with your LLC's EIN (22-2222222), don't panic! The IRS systems are actually pretty good at connecting the dots. Both EINs are tied to your Social Security Number in their database, so they can match the income even if the EINs don't align perfectly on your return. That said, I'd recommend adding a brief statement to your tax return explaining the situation - something like "Income reported on 1099-K under LLC EIN 22-2222222 is included in Schedule C business income reported under sole proprietorship EIN 11-1111111." This creates a clear paper trail and shows the IRS you're being transparent about the discrepancy. For future W9 forms, stick with your sole prop EIN as the IRS instructions specify. I know it feels weird when you're operating as an LLC, but remember - for tax purposes, you're still essentially a sole proprietor with some extra legal protection.

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Eli Butler

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This is really reassuring to hear from someone who deals with this regularly! I was getting so stressed about the potential mismatch between my 1099-K and Schedule C EINs. Quick follow-up question - when you mention adding a statement to the tax return, do you just attach it as a separate document, or is there a specific form or section where this explanation should go? I want to make sure I do this correctly and don't accidentally create more confusion for the IRS. Also, have you seen any issues with payment processors like Square getting confused when clients try to update their EIN information later, or is it usually best to just leave it as-is once it's set up?

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For the statement explaining the EIN situation, you can simply attach it as a separate document to your tax return. I usually title it something like "Statement Regarding Multiple EINs" and keep it brief but clear. You don't need any special form - just a simple typed explanation that references both EINs and explains that all income is being reported under your sole proprietorship EIN. Regarding payment processors, I've found it's generally better to leave the setup as-is once it's working. Square and similar processors can be really finicky about EIN changes, and sometimes updating the information creates more verification headaches than it solves. Since the IRS can handle the EIN mismatch just fine (especially with your explanatory statement), there's usually no compelling reason to mess with a working payment processing setup. The main thing is consistency on the tax side - always use your sole prop EIN for tax documents and W9s, and let the payment processors use whatever EIN they need for their verification purposes.

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This thread has been incredibly helpful! I'm dealing with a very similar situation with my web design business. I started as a sole prop, got an EIN for client W9s, then formed an LLC but kept it as a disregarded entity. PayPal required the LLC's EIN for their business account setup, so now I have two EINs just like the OP. Reading through all these responses, it sounds like the consensus is pretty clear - keep using the sole prop EIN on tax forms and W9s, and don't worry about the 1099-K having the different EIN. The explanatory statement approach mentioned by several people here seems like the smart way to handle it. One thing I'm curious about though - has anyone actually had the IRS question or audit them specifically because of this EIN mismatch situation? All the advice here makes sense logically, but I'm wondering if there are any real-world examples of this causing problems down the road, or if it really is as straightforward as everyone is saying. Also, for those who mentioned contacting the IRS directly about this - did you call the general taxpayer assistance line, or is there a specific department that handles business EIN questions?

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CosmicCruiser

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This entire discussion has been incredibly enlightening! I'm actually facing a very similar situation where I thought I'd have two W-2 jobs but one turned out to be 1099 contract work. I made the same mistake with box 2(c) on my W-4 and was completely confused about how to handle it. Based on all the great advice shared here, I'm planning to: 1) Submit a corrected W-4 to uncheck box 2(c), 2) Add additional withholding on line 4(c) to cover my estimated 1099 income and self-employment taxes, and 3) Set up a separate account to track 1099-related expenses from day one. The point about the 15.3% self-employment tax being on top of regular income tax was a real eye-opener - I definitely wasn't factoring that in properly. For anyone else just figuring this out, the consensus seems to be planning for about 25-30% of 1099 income to go toward taxes, which is higher than I initially expected but makes sense when you break down all the components. Thanks to everyone who shared their real-world experiences and practical tips - this is exactly the kind of guidance that's impossible to find in generic tax advice articles!

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Sophie Duck

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This is such a comprehensive summary of the key takeaways from this discussion! Your three-step plan sounds exactly right - unchecking box 2(c), adding the additional withholding, and setting up that separate expense tracking system from the start. I went through this exact same learning curve last year, and that 25-30% rule of thumb for setting aside 1099 income really is crucial. It seems high at first, but when you break it down (15.3% self-employment tax + your marginal income tax rate), it makes total sense. Better to be conservative and get a small refund than scramble to find extra money at tax time. One small addition to your plan - consider taking photos of receipts immediately when you have any 1099-related expenses, even small ones like office supplies or mileage. I use a simple phone app to scan receipts right when I get them, which has saved me so much hassle during tax season. Those small deductions really add up over the year and can meaningfully reduce your taxable 1099 income. Welcome to the mixed W-2/1099 world - it's definitely more complex than straight W-2 income, but totally manageable once you get the system down!

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This has been such a comprehensive and helpful discussion! As someone who's currently navigating the exact same W-2/1099 combination situation, I wanted to add one more perspective that might be useful. I'm about six months into juggling both types of income, and one thing I wish I'd known earlier is how much the quarterly nature of 1099 work can affect your cash flow planning. Even if you choose the extra withholding route (which I'd also recommend for simplicity), you still need to think about timing - especially if your 1099 payments come irregularly or you have large business expenses upfront. What's worked well for me is creating a simple monthly budget that accounts for the fact that roughly 25-30% of any 1099 payment needs to be "untouchable" for taxes. I transfer that percentage to a separate high-yield savings account immediately when I receive each payment, treating it like it's already gone. This way, I'm never tempted to spend tax money, and the account earns a little interest while waiting for tax time. Also, don't underestimate the value of keeping a running list of potential business deductions throughout the year. I started a simple note on my phone where I jot down anything that might be deductible - from equipment purchases to professional development courses. It's amazing how much you can forget by tax time if you don't track it as you go. The advice about unchecking box 2(c) and using additional withholding instead is spot-on. It really is the cleanest approach for most people in this situation!

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Have you considered restructuring your ownership? Instead of having your S Corp own the partnership interest, you could potentially own it personally or through a different entity structure that might avoid this phantom income/reasonable compensation conundrum.

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Justin Chang

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This could create a whole new set of problems though. Changing ownership structures mid-stream can trigger recognition of built-in gains and other tax issues. Definitely don't do this without thorough tax planning first.

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Emma Taylor

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I went through almost the exact same situation two years ago with my S Corp receiving phantom income from a real estate partnership. The stress was unbelievable because I kept thinking the IRS would come after me for not paying myself a salary on income I never received. After consulting with a tax attorney, I learned that the key distinction is whether you're providing services to earn that income. In my case, like yours, the S Corp was just a passive investor in the partnership - I wasn't managing properties or providing any services to generate that income. The attorney explained that reasonable compensation requirements are specifically designed to prevent people from avoiding payroll taxes on income they earn through their labor, not on investment returns or allocations. What really helped my peace of mind was getting everything documented properly. I kept detailed records showing: 1) The partnership never made distributions, 2) My S Corp had no cash flow from this income, 3) I wasn't providing any services to the partnership, and 4) All my formal requests to the partnership for financial information (which they ignored). The documentation ended up being crucial because I did get a notice from the IRS about two years later (not an audit, just questions). Having all that paperwork ready made it easy to explain the situation, and they accepted my position without any issues. Don't let the stress eat you alive - just make sure you document everything thoroughly.

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This is incredibly reassuring to hear from someone who actually went through the process and had the IRS accept their position! Your documentation strategy sounds spot-on. Can I ask what specific language or format you used when making those formal requests to the partnership for financial information? I want to make sure I'm creating the right paper trail in case I need to defend my position later. Also, did you keep copies of all the unreturned calls and emails, or just focus on the written requests?

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Luca Bianchi

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For the formal requests, I used certified mail with return receipt and kept everything very professional and specific. I'd reference the exact sections of our operating agreement that required the reporting, include specific deadlines, and always copy all other partners. Something like: "Pursuant to Section 4.3 of our Operating Agreement dated [date], [Partnership Name] is required to provide quarterly financial statements within 30 days of quarter end. As of [date], we have not received the Q1 2023 financials that were due on April 30, 2023. Please provide these documents within 10 business days." I did keep copies of emails and phone logs too, but the certified mail requests were the most important for creating a defensible paper trail. The IRS agent who reviewed my case specifically mentioned that the certified mail receipts showed I was making good faith efforts to get the information I needed for proper tax compliance. Make sure every request is dated, specific about what you're asking for, and references your partnership agreement. This creates a clear timeline showing you're trying to fulfill your tax obligations despite your partners' non-compliance.

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Got Form 3531 from IRS asking for missing information on my 2019 taxes - need to know what to send back

I just received a Form 3531 from the IRS about my 2019 tax return. This has been a total nightmare because I trusted someone to file for me who apparently messed up in several ways. The IRS checked off boxes 1, 2, and 4 on the form - basically saying my return is missing my signature, has an incorrect SSN, and is missing my W-2 forms. The form was originally mailed to my parents' house back in January (the tax preparer never updated my address even though I asked multiple times). My mom forwarded it to me but it got lost in the mail for like 2 months before finally showing up yesterday. Before I respond to this Form 3531, I need to know exactly what to send back: 1. If I sign the Form 1040 they sent me and include a photocopy of my 2019 W-2 (which has my correct SSN printed on it), will that be sufficient? Or do I need to send the original W-2 that my employer gave me? Do I need additional proof of my SSN? 2. Is there any way to handle this online instead of through snail mail? I'm worried about more mail delays. 3. Since this form was sent to me in January but I only received it now due to forwarding issues, am I going to face penalties for responding late? 4. Since my address was incorrect on the original return, do I need to file a Form 1040-X to correct this mistake? And if I already filed my 2020 taxes with my correct address, do I still need to submit a 1040-X for 2019? I'm super stressed about making sure I handle this correctly and don't want any more problems with the IRS!

I've been dealing with IRS notices for years through my work, and I wanted to add a few practical tips that might save you some headaches: When you send your certified mail response, also send a regular copy via standard mail as backup. Sometimes certified mail gets delayed or lost in processing, and having that backup ensures they receive your response. It's a small cost for extra peace of mind. Also, regarding the tax preparer situation - document everything about your interactions with them (dates you asked for address changes, what they promised, etc.). If they charged you for preparation services but made fundamental errors like missing W-2s and wrong addresses, you may be entitled to a refund of their fees. Many states have consumer protection laws that cover tax preparation services. One thing I always tell people: take photos of every document you're sending with your phone before putting them in the envelope. This gives you an instant backup record with date stamps, which can be helpful if there are any questions later about what you submitted or when. The IRS is generally very reasonable about mail forwarding delays, especially when you can document the timeline clearly. Your situation is more common than you think, and they have procedures in place for exactly this type of scenario. You're handling it exactly right!

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Raul Neal

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This is such smart advice about sending both certified and regular mail! I never would have thought about that backup strategy, but you're absolutely right - if the certified mail gets delayed or lost in their processing system, having that regular mail copy could save weeks of additional delays. Taking photos of all the documents before mailing is brilliant too. I'm definitely going to do that - having those date-stamped photos on my phone will be perfect documentation of exactly what I sent and when. Your point about documenting everything with the tax preparer is really important. I've been so focused on fixing the IRS issue that I hadn't thought about potentially getting a refund of the preparation fees. I did specifically ask them multiple times to update my address, and I have some of those conversations in text messages. That could definitely be relevant for a consumer protection complaint. It's really reassuring to hear from someone with professional experience that these mail forwarding situations are common and the IRS has procedures for them. I was worried this was going to be some huge complicated mess, but it sounds like if I document everything properly and follow the right steps, it should get resolved. Thanks for sharing these practical tips - they're going to make a real difference in how I handle this!

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Jason Brewer

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I've been reading through all this advice and wanted to add something that might help with your stress level - you can actually check the status of your Form 3531 response online once you send it in. After you mail your response, wait about 2-3 weeks for it to be received and initially processed, then you can call the IRS and reference your case. They can tell you if your documents were received and whether your response adequately addressed all the issues on the Form 3531. Also, I noticed you mentioned being worried about penalties - in most Form 3531 situations where you're just providing missing documentation (signatures, W-2s, SSN verification), there typically aren't additional penalties beyond what might have already been assessed. The IRS mainly wants to complete processing your return, not penalize you for their missing information. One more thing that helped me when I dealt with this - create a simple folder (physical or digital) with everything related to this Form 3531 response. Include copies of what you send, your certified mail receipts, photos of documents, timeline notes, everything. Having it all organized in one place makes it so much easier if you need to reference anything later or if the IRS has follow-up questions. You're really handling this well despite the frustration with the tax preparer! The fact that you're being so thorough and systematic about your response shows you're taking all the right steps.

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Zainab Ali

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As someone who's been through this exact situation, I can share what worked for me! I lived with my parents rent-free when I started travel nursing too, and here's what I did to establish a legitimate tax home: 1. Created a simple written rental agreement with my parents for $200/month (way below market rate but shows financial responsibility) 2. Set up automatic bank transfers with clear descriptions like "rent payment" 3. Took over paying one utility bill (I chose the internet bill - around $80/month) 4. Made sure ALL my official documents used their address (license, voter registration, bank accounts, etc.) 5. Kept detailed records of every payment and contribution The most important thing is consistency and documentation. The IRS doesn't require you to pay market-rate rent, but you DO need to show genuine financial ties to the location. Even small, regular contributions count as long as you can prove them. Also, make sure you understand the "temporary vs indefinite" rule - your assignments need to be expected to last less than one year to qualify for tax-free stipends. Since you mentioned 3-6 months, you should be fine there. Good luck with your first assignment! Maryland is a great place to work as a travel nurse.

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This is exactly the kind of detailed advice I was hoping for! Thank you so much @Zainab Ali. The $200/month rental agreement idea makes perfect sense - it's not a huge burden but creates that paper trail the IRS wants to see. I'm definitely going to talk to my parents about setting up something similar. The utility bill idea is smart too - I could easily take over our internet or electric bill. One quick question - when you say "temporary vs indefinite" rule, does that mean each individual assignment needs to be under a year, or my total time away from my tax home? I'm planning to do back-to-back assignments but each one would be 3-6 months max. Really appreciate you taking the time to share your experience! It's so helpful to hear from someone who's actually been through this exact situation.

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Andre Dubois

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Great question about the temporary vs indefinite rule! Each individual assignment needs to be expected to last less than one year - so your plan of doing back-to-back 3-6 month assignments is perfectly fine from a tax perspective. The IRS looks at each contract separately, not your total time away from home. However, there is one thing to watch out for: if you stay in the same general area for more than 12 months total (even with multiple contracts), the IRS might start to consider that your new tax home. So as long as you're moving between different cities/regions for your assignments, you should be good. Also wanted to add to the great advice already given - consider getting a small storage unit or keeping some personal belongings at your parents' house. This helps demonstrate that you truly consider it your permanent residence and plan to return there. The IRS likes to see that you haven't "abandoned" your tax home. One more tip: keep a simple calendar or log of days spent at your tax home vs. assignment locations. While there's no specific requirement, spending some time at your tax home between assignments (even just a few days) helps reinforce that it's truly your permanent base.

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Alana Willis

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This is such valuable information! @Andre Dubois The storage unit idea is brilliant - I hadn t'thought about that aspect of showing I haven t'abandoned "my" tax home. I definitely have a bunch of stuff in my childhood bedroom that I d'be leaving there anyway, so that should help demonstrate the permanence. The calendar/log suggestion is really smart too. I was already planning to come home between assignments to see family and regroup, so documenting those visits makes total sense. One thing I m'still a bit confused about - when you mention staying in the same general "area for" more than 12 months, how does the IRS define that? Like if I did one assignment in Baltimore and then later took another in DC which (are pretty close ,)would that be considered the same general area? I want to make sure I don t'accidentally create issues by taking assignments that are too geographically close together. Thanks for all the detailed guidance - this community is amazing for helping newcomers navigate these complex tax situations!

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