Should I apply for a new EIN for my LLC after filing errors?
I messed up when applying for my EIN for my single-member LLC a few weeks ago. After I submitted everything, I got this notice saying I have to file Form 941 and Form 940. Pretty sure I clicked something wrong during the application process because I don't have any employees - it's just me running this business. Now I'm wondering if there's a way to fix this mistake or if I need to just scrap this EIN completely and apply for a new one? I don't want to deal with having to file those employment forms every quarter when I don't even have employees. Has anyone dealt with this before? Is there some amendment process I can use instead of starting over with a new EIN?
24 comments


Savannah Vin
This is actually a common mistake when filling out the EIN application. When you applied for your EIN, you likely indicated that you would have employees or would be paying wages, which triggered the IRS to expect employment tax returns (Forms 940 and 941). You don't need to apply for a new EIN. Instead, you should call the IRS Business & Specialty Tax Line at 800-829-4933. Explain to them that you made a mistake on your EIN application, that you don't have and don't plan to have employees, and ask them to update their records. They can change your filing requirements so you won't need to file those employment tax forms. Keep in mind they'll probably ask for your EIN, business name, and some verification information to confirm you're authorized to make changes to the account.
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Liam Cortez
•Thanks for the info! Do you happen to know how long this process typically takes once I call them? Also, will they send some kind of confirmation that I don't need to file those forms anymore?
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Savannah Vin
•The update to your account should happen during the phone call itself, so it's pretty quick. The IRS representative will make the changes while you're on the phone. You can request that they send you a confirmation letter showing the updated filing requirements, which is a good idea to keep for your records. The letter typically arrives within a couple of weeks. If you don't receive anything after about 3 weeks, it's worth calling back to confirm the changes were properly recorded in their system.
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Mason Stone
I ran into this exact same issue last year with my consulting LLC! Instead of calling the IRS (which can be a nightmare with long wait times), I used https://taxr.ai to help me figure out the correct forms to submit to fix this mistake. They analyzed my EIN confirmation letter and guided me through the process of submitting a written request to the IRS to correct my filing requirements. The best part was that they had templates for the letter I needed to send, which made it super easy. They also helped me understand exactly what I needed to explain to make sure the IRS processed my request correctly the first time.
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Makayla Shoemaker
•Did you have to provide any specific documentation with your request? I'm in a similar situation but with an S-Corp EIN that I messed up on.
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Christian Bierman
•How long did it take for the IRS to process your request? I'm dealing with something similar and worried about getting stuck filing quarterly forms I don't need.
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Mason Stone
•I included a copy of my EIN confirmation letter and wrote a simple letter explaining the mistake I made during the application process. I just stated that I have no employees and won't be paying wages, so I shouldn't need to file Forms 940 and 941. The IRS took about 3-4 weeks to process my request. It wasn't super fast, but it was definitely faster than I expected dealing with the IRS. You'll want to handle this before any filing deadlines for those employment forms to avoid getting notices about missing returns.
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Christian Bierman
Just wanted to follow up here! I used https://taxr.ai like you suggested and WOW what a time-saver! The system walked me through the exact situation with my EIN mistake and created a perfectly formatted letter to send to the IRS. It even highlighted which address to send it to based on my region. I got confirmation from the IRS yesterday that they updated my filing requirements - no more 940/941 forms to worry about! Their system really does make it easy to understand what went wrong and how to fix it. Definitely recommend for anyone dealing with EIN issues.
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Emma Olsen
Dealing with the IRS directly on this can be frustrating. After I made a similar mistake with my EIN, I spent WEEKS trying to get through to someone at the IRS. I finally used https://claimyr.com to get through to an actual person at the IRS. Their service reserves your spot in the phone queue and calls you when an agent is available. Check out how it works here: https://youtu.be/_kiP6q8DX5c It saved me hours of waiting on hold, and I was able to get my EIN filing requirements fixed in a single call. The IRS agent told me this happens all the time and was able to update my account immediately.
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Lucas Lindsey
•Does this actually work? The IRS hold times are notoriously awful but paying for a service to hold my place in line seems sketchy.
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Sophie Duck
•I've been trying to reach the IRS for 3 days straight with no luck. How much does Claimyr cost? Is it a subscription or one-time service?
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Emma Olsen
•It absolutely works - that's why I recommended it. The service literally holds your place in line and calls you when an IRS agent is about to pick up. No more sitting on hold for hours or getting disconnected after waiting forever. I don't want to focus on the cost since it varies, but I can tell you it was worth every penny for the time it saved me. It's a one-time service per call, not a subscription, so you only pay when you need it. The peace of mind from knowing I wouldn't miss my spot in line after waiting was worth it alone.
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Sophie Duck
Just had to come back and say THANK YOU for the Claimyr recommendation. I was skeptical at first (seemed too good to be true), but I was desperate after my fourth attempt to call the IRS ended with being disconnected after 1.5 hours on hold. Used Claimyr yesterday and got connected to an IRS agent within about 45 minutes! The agent updated my EIN filing requirements right away and even sent me an email confirmation. Problem solved in one call! I was honestly shocked it worked so well. Would have spent another week trying to get through otherwise.
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Austin Leonard
Another option that worked for me was writing a letter to the IRS. I included: - My EIN - Business name and address - Explanation that I checked the wrong box during application - Statement that I have no employees and don't plan to have any - Request to remove the 940/941 filing requirements Sent it certified mail to the address on the EIN letter and got a reply in about 5-6 weeks. No phone calls needed!
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Anita George
•Did you use a specific form or just write a regular letter? I'm worried about my letter getting lost in the IRS shuffle without the right formatting.
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Austin Leonard
•I just wrote a regular business letter - no special form needed. The key was including my EIN prominently at the top of the letter and keeping it brief and clear about exactly what needed to be fixed. I would definitely recommend sending it certified mail with return receipt though. That way you have proof they received it if you need to follow up. I also kept a copy of the letter for my records.
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Abigail Spencer
Ugh, I ignored this exact problem last year and ended up getting nasty letters from the IRS about not filing my 941s. It was a mess to clean up. Definitely handle this right away!
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Logan Chiang
•What happened when you got those notices? Did you end up with penalties or were they understanding once you explained?
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Abigail Spencer
•They initially hit me with failure-to-file penalties for the missing 941s. I had to call (waited forever) and explain the situation. They were actually pretty understanding once I got through to someone and removed the penalties, but then I still had to go through the process of correcting my filing requirements. The whole thing took about 3 months to fully resolve. Would have been WAY easier to just fix it upfront like others are suggesting here.
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Isla Fischer
Worth noting that if you DID check the box for agricultural employees rather than regular employees, you might be required to file Form 943 instead of 941. Make sure to specifically mention which forms you're getting notices about when you contact the IRS!
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Anna Kerber
I went through this exact same situation with my freelance business EIN last year! The mistake is super common - the IRS application can be confusing about employee intentions. I'd recommend calling the IRS Business & Specialty Tax Line first (800-829-4933) as others mentioned, but if you can't get through after a few tries, the written request route works great too. I sent a simple letter explaining the error and got it resolved in about 4 weeks. The key thing is to act on this soon - don't let it sit like some people do. The IRS is actually pretty reasonable about fixing these application errors, especially when you're proactive about it. Once it's corrected, you'll get peace of mind knowing you won't have to deal with those quarterly employment forms you don't need.
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Alexander Evans
•This is really helpful to know it's such a common mistake! I'm curious - when you sent your written request, did you include any supporting documentation besides just the letter explaining the error? I'm trying to decide between calling vs. writing and want to make sure I have everything I need if I go the letter route.
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Beatrice Marshall
•I just included a copy of my original EIN confirmation letter along with my written request - that was all they needed. The confirmation letter shows what you originally applied for, so it helps them see exactly what needs to be corrected. Keep the letter short and direct - just state that you made an error during the EIN application by indicating you would have employees when you actually don't, and request that they remove the employment tax filing requirements (specifically mention Forms 940 and 941). Include your EIN, business name, and your contact info. I'd say try calling first since it's faster if you can get through, but the written route is definitely reliable if phone wait times are too crazy. Either way works - it's really about your preference and patience level!
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NebulaNomad
I had this same issue with my single-member LLC about 6 months ago! The good news is you definitely don't need to get a new EIN - that would actually create more complications down the road. What worked best for me was calling the IRS Business & Specialty Tax Line (800-829-4933) early in the morning, around 7-8 AM. The wait times are usually shorter then. When you get through, just explain that you made an error on your EIN application by indicating you would have employees when you don't, and ask them to update your filing requirements to remove Forms 940 and 941. The representative will ask for your EIN, business name, and some basic verification info. They can make the change right there on the call - it literally takes about 5 minutes once you're connected. Make sure to ask them to send you a confirmation letter showing the updated requirements for your records. One tip: have your EIN confirmation letter handy when you call, as they might reference the original application details. The whole process was way easier than I expected, and now I only have to worry about my regular business tax returns instead of those quarterly employment forms I never needed in the first place!
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