Can I reuse an old EIN I created years ago but never used for my LLC?
So back in 2022, my husband and I were planning to launch a business in Colorado. He went ahead and got an EIN under his SSN for our business name as an LLC partnership. Life happened and we literally never did anything with it - no tax filings, no business activity, nothing. Fast forward to now, we're living in Tennessee and finally ready to actually start this business for real. We still love the original name we picked and want to form an LLC here in TN. But then we had this "oh crap" moment when we realized we never formally dissolved that original Colorado LLC. I'm freaking out a bit because I know EINs are permanent, and I'm wondering if we should just use that original EIN since it's for the same business name? But since it was in a completely different state and we've basically ignored it for 3 years, I'm worried we were supposed to be doing something all this time - filing forms, paying fees, something??? I looked into how to close an EIN, but I'm scared that if we try to shut it down now, the IRS will come after us for neglecting it all these years. And then how would we even go about getting a new EIN in Tennessee with the same business name and structure? I'm totally lost on what our next steps should be. Help!
36 comments


Isaiah Thompson
You're actually in a better position than you realize! EINs themselves don't have filing requirements - the business entities do. Since you never actually operated the business, there are a few simple steps to take: First, understand that the EIN is attached to the LLC partnership that was registered in Colorado. If you never filed any formation documents with Colorado's Secretary of State, you might not even have an actual LLC to worry about. If you did file in Colorado, you'll need to properly dissolve that entity with the state. The EIN itself can potentially be reused if the business structure and ownership remain identical. Since it was set up as a partnership LLC with your husband as the responsible party, you could use it for your Tennessee LLC if keeping the exact same structure and ownership. However, the cleanest approach would be to: 1) Check if you actually formed an LLC in Colorado and dissolve it if needed, 2) Form a new LLC in Tennessee, and 3) Apply for a new EIN for the Tennessee entity. The IRS isn't going to penalize you for having an unused EIN - they only care if you had business activity that required tax filings.
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Ruby Garcia
•Wait, so if they did actually file the LLC formation docs in Colorado, wouldn't they have had to file state tax returns even with zero activity? I had a similar situation in Nevada and got hit with penalties for not filing the required annual reports, even though I never did anything with the business.
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Isaiah Thompson
•You raise an excellent point. If they formally registered the LLC with Colorado's Secretary of State, then yes, there would likely be state filing requirements regardless of activity. Colorado requires LLCs to file periodic reports to maintain good standing, typically annually. For the federal side with the IRS, if there was absolutely no activity, there generally wouldn't be federal tax filing requirements. However, for partnerships, there's technically a requirement to file Form 1065 even with no activity, though in practice the IRS rarely pursues penalties for zero-activity entities that don't file.
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Alexander Evans
After spending weeks trying to figure out a similar EIN situation, I finally used https://taxr.ai to upload my old EIN confirmation letter and got definitive guidance. Their system analyzed my specific situation and confirmed I could actually reuse my old EIN since I never formally filed any business paperwork with the state. Saved me tons of stress trying to interpret conflicting advice online! The coolest part was they showed me exactly what forms I needed to file with the IRS to update my business information for the new state. Turns out I needed to file Form 8822-B to update the address and business details rather than applying for a whole new EIN. This was completely different from what I was planning to do!
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Evelyn Martinez
•How long did it take to get your answer from them? I'm in a time crunch with my situation.
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Benjamin Carter
•Is this actually legit? I've had bad experiences with online "tax help" services that just tell you obvious info you could find yourself. Did they actually tell you anything specific that you couldn't just Google?
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Alexander Evans
•I got my answer within a few hours - definitely faster than waiting on hold with the IRS for days. They prioritize time-sensitive requests if you mention you're under a deadline. Their guidance was definitely beyond what I found through Google. For example, they pointed out that my specific business structure change required a particular checkbox on Form 8822-B that isn't obvious, and they provided language to use in the "explanation" section of the form that would prevent follow-up questions from the IRS. They also identified that my state (Michigan) had specific requirements for foreign entities converting to domestic ones that none of the general articles mentioned.
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Benjamin Carter
I'm really impressed with what https://taxr.ai provided for my EIN situation. After seeing the recommendation here, I was skeptical but decided to try it since I was in a similar situation with an old Wyoming LLC EIN that I never used. Their analysis showed me that I needed to file both an LLC cancellation with Wyoming AND update the IRS with the Form 8822-B. They even caught that my original EIN application had classified my business incorrectly, which could have caused problems down the road. The step-by-step instructions they provided for reclassifying the business type while keeping the same EIN saved me from making a huge mistake. I probably would have just applied for a new EIN and created a mess for myself. Thanks for recommending this service!
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Maya Lewis
After fighting with the IRS for weeks about my old abandoned EIN, I finally got through to a real person using https://claimyr.com and honestly it was a game changer. I wasted HOURS on hold before discovering this! You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed I could simply update my business information using Form 8822-B instead of closing the old EIN and applying for a new one. She also confirmed that since I never actually conducted business, I had no filing requirements to worry about. Such a relief after stressing about potential penalties!
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Isaac Wright
•How does this even work? They can somehow get you to the front of the IRS phone queue? That sounds too good to be true.
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Lucy Taylor
•Yeah right... so you're telling me this service can magically get through to the IRS when nobody else can? I've tried calling dozens of times this tax season and always get disconnected. Sounds like snake oil to me. Did you actually talk to a REAL IRS agent or just some "tax professional"?
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Maya Lewis
•It's not about cutting the line - they use an automated system that continually redials and navigates the IRS phone tree for you. When they finally get through, they call you and connect you directly to the IRS agent. You don't have to sit on hold for hours. It's definitely a real IRS agent you talk to. I confirmed this by calling the official IRS number afterward and verifying the information I received. The agent was able to access my specific EIN information and tax records, which only a legitimate IRS employee could do. It's not magic - just technology handling the frustrating waiting process for you.
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Lucy Taylor
I have to eat my words about Claimyr. After my skeptical comment, I decided to try it myself since I was desperate to resolve my own EIN issue from a business I started in 2023 but never got off the ground. The service actually worked exactly as described. I got a call back within about 90 minutes, was connected to an IRS business tax specialist who pulled up my EIN information immediately. She walked me through exactly what forms I needed to file to update the business information rather than starting over with a new EIN. The agent even noted there was a discrepancy in how my business type was initially classified and helped me correct it. Saved me from what would have definitely been headaches down the road. Worth every penny just for the time saved not sitting on hold.
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Connor Murphy
Make sure you also check with Tennessee's Secretary of State about their requirements for forming an LLC. Each state has different fees and filing requirements. You might need to register as a foreign LLC if you're moving the business from Colorado, rather than starting a completely new one. Also, if your husband got the EIN under just his SSN, and now you both want to be owners, you'll need to update the responsible party information with the IRS using Form 8822-B.
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Jessica Nguyen
•Thanks for bringing up the state registration part! I just checked and we actually never filed any formation documents in Colorado - we just got the EIN but never took the next step with the Secretary of State. So I guess we don't have a Colorado LLC to dissolve after all. And good point about the responsible party! We definitely want both of us listed as owners in the new LLC. So it sounds like we could potentially use the old EIN but would need to update the information. Is Form 8822-B all we'd need for that?
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Connor Murphy
•That simplifies things quite a bit! Since you never actually formed the Colorado LLC, you don't have any state dissolution to worry about. For the EIN situation, Form 8822-B would update your address and business information with the IRS, but you might also need to file Form 8832 (Entity Classification Election) if you want to change how your business is classified for tax purposes. Since the original EIN was for a partnership LLC with just your husband as the responsible party, and now you want both of you as owners, you'll need to clearly document this ownership change.
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KhalilStar
I went through something similar moving from Florida to Texas. The EIN follows the business entity, not the location. If the owners and structure stay the same, you can use the same EIN even in a different state.
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Amelia Dietrich
•This is only partially correct. While the EIN can follow the business to a new state, if the entity is dissolved in one state and reformed in another, it's technically a new legal entity even with the same owners and business name. You'd actually need a new EIN unless you formally register as a foreign entity in the new state and then convert it.
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Debra Bai
Based on your situation, you're actually in a pretty good spot! Since you never filed formation documents with Colorado's Secretary of State, you don't technically have a Colorado LLC to dissolve - you just have an unused EIN sitting dormant. Here's what I'd recommend: Go ahead and form your new LLC in Tennessee first. Then you have two clean options: either apply for a fresh EIN for your Tennessee LLC (which is the simplest route), or update your existing EIN to reflect the new Tennessee entity using Form 8822-B to change the address and business details. The key thing is that the IRS won't penalize you for the dormant EIN since there was no business activity. EINs don't expire or require maintenance filings on their own - only active businesses do. If you decide to reuse the old EIN, just make sure the ownership structure matches exactly what was originally filed. If you want to change how you and your husband are listed as owners, you might need additional forms beyond just the address update. Either way, you're not in trouble with the IRS for letting it sit unused for three years!
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Victoria Scott
•This is really helpful advice! I'm in a somewhat similar situation where I got an EIN for a business idea that never materialized. One thing I'm curious about - if you do decide to reuse the old EIN, would you need to notify the IRS about the gap in activity? Like, is there any kind of "reactivation" process, or do you just start using it again once you update the business information with Form 8822-B?
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Admin_Masters
•Great question! There's no formal "reactivation" process with the IRS for dormant EINs. Once you update your business information with Form 8822-B, you can simply start using the EIN again for your active business operations. The IRS treats it as the same continuous entity, just with updated information. You don't need to explain the gap in activity or file any special forms acknowledging the dormant period. When you start conducting business again, you'll just begin filing your regular tax returns (Form 1065 for partnerships) starting with the tax year you become active. The only thing to keep in mind is making sure your first tax return clearly reflects when business operations actually began, especially for depreciation and startup cost purposes.
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Joshua Wood
Just wanted to add some perspective from someone who actually went through this exact scenario last year. I had an unused EIN from 2020 that I obtained for a consulting business that never launched due to COVID. When I finally started my business in 2023 in a different state, I initially panicked thinking I'd messed something up by letting it sit dormant. After consulting with a tax professional, I learned that unused EINs are actually more common than you'd think, especially after major life events. The IRS system is designed to handle this - they're not sitting around looking for people to penalize for having dormant EINs with no activity. I ended up getting a fresh EIN for my new state LLC just to keep things completely clean and avoid any potential complications down the road. The application process was straightforward, and having a fresh start gave me peace of mind. Sometimes the simplest solution is the best one, even if reusing the old EIN might technically be possible. Whatever you decide, don't stress too much about the three-year gap. You're definitely not the first person to have this happen, and you won't be the last!
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Yuki Tanaka
•This is such a reassuring perspective, thank you! I've been losing sleep over this thinking we somehow screwed up by getting the EIN and then not using it. It's good to know this happens to other people too, especially with all the chaos that COVID brought to everyone's business plans. Your point about getting a fresh EIN for peace of mind really resonates with me. Even though it might be technically possible to reuse the old one, starting completely clean does sound appealing. Did you run into any issues when you applied for the new EIN with a similar business name, or was that not a problem? I'm leaning more toward the fresh start approach after reading all these responses. Better to have clear, simple records from day one than potentially deal with complications later trying to explain the dormant period to banks, vendors, or anyone else who might ask questions about the business timeline.
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Skylar Neal
I completely understand your anxiety about this situation - it's actually more common than you might think! The good news is that you're not in any trouble with the IRS for having an unused EIN sitting dormant for three years. Since you mentioned you never filed formation documents with Colorado's Secretary of State, you don't actually have a Colorado LLC to dissolve, which simplifies things considerably. You essentially just have an unused federal tax ID number. Here are your two cleanest options: **Option 1 (Simplest):** Form your new Tennessee LLC and apply for a completely fresh EIN. This gives you a clean slate with no potential confusion about the dormant period or ownership changes. **Option 2:** Reuse the existing EIN by filing Form 8822-B to update your business address and information with the IRS once you form your Tennessee LLC. However, since you want both you and your husband as owners now (versus just him originally), this might require additional paperwork to properly document the ownership structure change. From a practical standpoint, I'd lean toward Option 1. Getting a new EIN is free and straightforward, and it eliminates any potential complications with banks, vendors, or future business partners who might have questions about the timeline gap. Plus, it ensures your business records are crystal clear from day one. The IRS won't penalize you for the unused EIN - they only care about business activity that requires tax filings. You can simply let the old one remain dormant indefinitely. Don't let this keep you up at night - you haven't done anything wrong, and thousands of entrepreneurs have unused EINs from business ideas that never materialized!
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Ryder Everingham
•This is exactly the kind of clear, practical advice I needed to hear! Thank you for breaking down both options so clearly. I think you're absolutely right about Option 1 being the simplest path forward. The peace of mind factor alone makes getting a fresh EIN worth it. I've been overthinking this situation for weeks, but when you put it that way - that thousands of entrepreneurs have unused EINs from business ideas that didn't pan out - it really puts things in perspective. I'm going to go ahead and form the Tennessee LLC first, then apply for a new EIN. Better to start with completely clean records than potentially deal with any confusion down the road about ownership changes or the dormant period. Plus, it'll be nice to have an EIN that actually reflects when we truly launched the business rather than that false start from 2022. Thanks for helping me stop spiraling about this! Sometimes the simplest solution really is the best one.
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Thais Soares
I went through almost this exact same situation when I relocated my business from California to Arizona! The stress you're feeling is totally understandable, but you're actually in a much better position than you think. Since you never filed formation documents with Colorado's Secretary of State, you don't have an actual LLC entity to dissolve - just an unused EIN. This is actually pretty common, especially for people who got excited about a business idea, took the first step of getting an EIN, and then life got in the way. Here's what I learned from my experience: while you technically could reuse the old EIN with proper forms, getting a fresh start is often the cleaner approach. When I applied for my new EIN in Arizona, the process was straightforward and I didn't run into any issues with having a similar business name or structure. The main advantage of starting fresh is that all your business documentation will have consistent dates and there won't be any confusion for banks, vendors, or anyone else you work with about why there's a three-year gap in your business timeline. Plus, your EIN will actually reflect when you truly launched the business rather than that false start. Don't lose any more sleep over this - the IRS isn't going to come after you for an unused EIN. Focus your energy on getting your Tennessee LLC formed and moving forward with your business plans!
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Effie Alexander
•This is such a relief to hear from someone who actually went through the same thing! I've been feeling so stupid for getting the EIN and then just... never doing anything with it. It's good to know this happens to other people too. Your point about the business documentation having consistent dates really makes sense. I hadn't thought about that aspect, but you're right - it would be confusing for banks and vendors to see an EIN from 2022 but business formation from 2025. Starting fresh will make everything much cleaner and easier to explain. Did you have to explain anything about the old unused EIN when you applied for the new one, or did they not even ask about it? I'm hoping it's just a straightforward application process without having to get into the whole backstory. Thanks for sharing your experience - it's exactly what I needed to hear to stop overthinking this whole situation!
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Jamal Edwards
•When I applied for my new EIN, they didn't ask anything about the old unused one! The application process was completely straightforward - just the standard questions about your business structure, location, and intended activities. There's no field asking "do you have any other EINs?" or anything like that. The IRS systems don't really cross-reference unused EINs when you're applying for new ones, especially when they're for different business entities. Your old EIN will just continue sitting dormant in their system, which is totally normal and happens all the time. The whole application took me maybe 15 minutes online, and I had my new EIN immediately. No explanations needed, no complications - just a fresh start for my Arizona business. You're definitely overthinking this, but I totally get why because I did the same thing!
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Sophie Duck
I've been through something very similar and want to reassure you that you're not alone in this situation! About two years ago, I got an EIN for a business idea that never took off due to family circumstances. I was convinced I had somehow violated IRS rules by letting it sit unused. After doing extensive research and consulting with a CPA, I learned that unused EINs are incredibly common - the IRS receives thousands of applications from people who never end up launching their businesses. There's no penalty for having a dormant EIN with no activity. In your case, since you never filed formation documents with Colorado, you don't have an actual LLC entity to worry about - just an unused federal tax ID. This makes things much simpler than if you had an active business entity sitting in limbo. I'd strongly recommend going with a fresh EIN for your Tennessee LLC. Here's why: it eliminates any potential confusion about ownership changes (since you want both you and your husband listed now), gives you clean documentation that all has consistent dates, and provides peace of mind that you're starting with a completely fresh slate. The EIN application process is free and takes about 15 minutes online. You'll get your new number immediately, and there are no questions about previous EINs or business history. Your old EIN will just remain dormant in the IRS system, which is perfectly normal and legal. Don't let this delay your business launch any longer - you haven't done anything wrong, and you're ready to move forward with your Tennessee venture!
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Jade Lopez
•Thank you so much for sharing your experience! It's incredibly reassuring to hear from multiple people who have been in similar situations. I've been spiraling about this for weeks, convinced I had somehow messed up majorly by getting an EIN and then not using it. Your point about the IRS receiving thousands of applications from people who never launch their businesses really puts this in perspective. I guess with all the uncertainty in the world - COVID, economic changes, personal life situations - it makes sense that this would be pretty common. I'm definitely going with the fresh EIN approach for our Tennessee LLC. You're absolutely right that it will eliminate any confusion about the ownership structure changes and give us that clean slate with consistent documentation dates. Plus, knowing that the application is free and only takes 15 minutes makes this feel like such a simple solution to what I was making into a huge problem. Thanks for helping me realize I need to stop letting this delay our business launch. We're excited to finally get this venture off the ground in Tennessee!
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Zoe Papanikolaou
You're definitely overthinking this situation! As someone who works in business formation, I see this scenario all the time - entrepreneurs get excited about a business idea, take the first administrative step of getting an EIN, and then life happens. You haven't violated any IRS rules or created a compliance nightmare. Since you never filed formation documents with Colorado's Secretary of State, you don't actually have a Colorado LLC entity - just an unused federal tax ID sitting dormant. The IRS doesn't require any maintenance filings or fees for unused EINs, and there are no penalties for letting them sit inactive. For your Tennessee LLC, I'd recommend the fresh EIN approach for these reasons: 1. Clean documentation with consistent dates across all business records 2. No confusion about the 3-year gap when working with banks or vendors 3. Proper ownership structure from day one (both you and your husband as members) 4. Peace of mind that everything starts fresh The EIN application is free online and takes about 10-15 minutes. There are no questions about previous EINs, and your old one will simply remain dormant indefinitely - which is completely normal and legal. Stop letting this delay your business launch! You're in good shape and ready to move forward with your Tennessee venture.
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Yuki Tanaka
•This is such a relief to hear from a professional who sees these situations regularly! I've been beating myself up thinking I was the only person who ever got an EIN and then didn't follow through. Your explanation about how common this is in the business formation world really helps put my mind at ease. I love how you laid out the specific benefits of going with a fresh EIN - especially the point about clean documentation with consistent dates. That will definitely make things smoother when we're opening business bank accounts or applying for any licenses down the road. Your advice to stop letting this delay our launch is exactly what I needed to hear. We've already wasted enough time worrying about this non-issue when we could have been moving forward with our Tennessee LLC formation. Time to take action and finally get this business off the ground!
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Diego Vargas
I completely understand your panic - I went through almost the exact same situation last year! Got an EIN in 2021 for a business that never materialized, then finally launched in a different state in 2024. I was terrified I'd somehow broken IRS rules by letting it sit dormant. The reality is much simpler than you think. Since you never filed formation documents with Colorado's Secretary of State, you don't actually have a Colorado LLC to dissolve - just an unused EIN, which is totally fine and incredibly common. I ended up going the fresh EIN route for my new LLC and it was the best decision. The application took literally 10 minutes online, no questions asked about any previous EINs, and I got my number immediately. Having everything start with consistent dates made opening business accounts and getting licenses so much smoother. Your old EIN will just sit dormant forever, which is perfectly legal. The IRS gets thousands of unused EIN applications - they're not hunting down people who got excited about business ideas that didn't pan out. Focus your energy on getting that Tennessee LLC formed and finally launching the business you've been planning! You're not in trouble and you haven't done anything wrong.
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Owen Devar
•Thank you so much for sharing your experience! It's incredibly comforting to hear from someone who literally went through this exact situation. I've been completely spiraling about this, convinced I had somehow created a huge mess with the IRS by getting that EIN and then never using it. Your point about the IRS getting thousands of unused EIN applications really helps put this in perspective. I guess between COVID, economic uncertainty, and just general life chaos, tons of people probably start the business formation process and then never follow through. It makes me feel so much less alone in this situation. I'm definitely going with the fresh EIN approach after hearing all these success stories. The fact that your application only took 10 minutes and made everything smoother with banks and licensing really seals the deal for me. Having consistent dates across all our business documentation will be so much cleaner than trying to explain a three-year gap to everyone we work with. Time to stop overthinking this and finally get our Tennessee LLC formed! Thanks for helping me realize this isn't the catastrophe I thought it was.
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Mei Liu
I went through a very similar situation about 18 months ago and want to share what I learned! I had gotten an EIN in 2020 for a business venture that completely fell apart due to the pandemic. When I finally decided to start a new business in 2023, I was terrified that I'd somehow created problems by having that unused EIN sitting there. After consulting with a tax attorney, I discovered that unused EINs are extremely common - especially post-COVID when so many business plans got derailed. The IRS doesn't penalize you for dormant EINs with no activity, and there's no requirement to "close" or "cancel" them. Since you never actually filed formation documents with Colorado, you're in an even simpler position than I was. You essentially just have an unused federal tax ID number, not an actual business entity to worry about. I chose to get a fresh EIN for my new LLC and it was absolutely the right decision. The process was quick and straightforward online, and having everything start with matching dates made all my subsequent business setup (banking, insurance, licensing) much smoother. No one ever questioned the timeline because everything was consistent from day one. Your old EIN will just remain dormant indefinitely, which is completely normal and legal. Don't let this situation delay your Tennessee LLC launch any longer - you haven't done anything wrong and you're free to move forward with confidence!
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Dana Doyle
•Thank you for sharing your experience with the tax attorney consultation - that's really valuable insight! It's so reassuring to hear that even legal professionals confirm this is a common situation that doesn't create any problems with the IRS. Your point about post-COVID business plan disruptions really hits home. So many of us had ambitious plans that got completely derailed by the pandemic, and it makes total sense that unused EINs would be incredibly common from that time period. I'm convinced that getting a fresh EIN is definitely the way to go. The consistent timeline benefits you mentioned for banking, insurance, and licensing are exactly what I want to avoid dealing with. Much better to have everything start clean from day one rather than having to explain a three-year gap to every business partner or service provider. It's amazing how something that seemed like such a huge problem in my mind turns out to be completely routine and manageable. Thanks for helping me gain perspective and confidence to move forward with our Tennessee LLC!
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