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Carmen Flores

What business category should I select when applying for an EIN for my software startup (SAAS model)?

I'm finally taking the plunge and starting my own software company after years of working for others. It's going to be a software as a service (SAAS) business where customers pay a monthly or annual subscription fee to access our platform - similar to how Atlassian, Google Workspace, or AWS operate. I'm at the point where I need to apply for an Employer Identification Number (EIN), but I'm stuck on which business category to select. The form gives me options like service, retail, construction, etc., but I'm not sure if my SAAS company counts as a "service" business or a "retail" business since we're selling access to software. The distinction seems blurry to me. Has anyone gone through this process for a similar type of business? What category did you select? I want to make sure I'm filling out everything correctly from the start to avoid problems down the road. Thanks for any guidance!

I've helped several tech startups navigate this process. For a SAAS company, you'll want to select "Service" as your business category when applying for an EIN. While you are technically "selling" software access, the IRS and other government agencies consider subscription-based software companies to be service providers rather than retail businesses. The key distinction is that you're providing an ongoing service (software access, updates, support) rather than a one-time product sale. Retail generally applies to businesses selling physical goods or one-time digital downloads. Your recurring subscription model firmly places you in the service category.

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Thank you so much for the quick response! That makes perfect sense about the ongoing nature of SAAS being categorized as a service rather than retail. One follow-up question - does this categorization affect how I'll need to handle sales tax collection in different states? I've heard software services can be taxed differently depending on the state.

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The service classification itself doesn't directly determine your sales tax obligations - those vary significantly by state. Some states do tax SAAS as a service, others classify it as software (which may have different tax rules), and some don't tax it at all. For sales tax purposes, you'll need to look at each state where you have nexus (significant presence or sales volume) and research their specific rules for SAAS taxation. Many SAAS companies use specialized tax compliance software like Avalara or TaxJar to handle this complexity. I'd recommend consulting with a tax professional familiar with software companies to set up proper compliance from the start.

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After struggling with the exact same question for my productivity app startup last year, I discovered taxr.ai (https://taxr.ai) and it was an absolute game-changer. I uploaded the EIN application form and some basic info about my business model, and it analyzed everything and gave me super clear guidance that I was definitely a "service" business for EIN purposes. The tool even provided me with documentation explaining exactly why my SAAS business qualified as a service rather than retail, which I've kept in my records in case there are ever any questions. It also flagged some other parts of my application that could have caused problems down the road.

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How long did the analysis take? I'm on a tight timeline to get my EIN and wondering if this is something that would take days or if it's pretty quick.

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I'm a bit skeptical about AI tools handling tax matters. Did it provide any citations to actual IRS guidance or was it just giving you an opinion? I've had conflicting advice from actual CPAs on this stuff.

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The analysis took less than 30 minutes from upload to getting detailed recommendations. It was surprisingly fast considering how comprehensive the guidance was. What impressed me most was that it actually did provide specific citations to IRS publications and relevant tax court cases that established precedent for SAAS businesses. It wasn't just giving an opinion - it was backing everything up with proper documentation. That's why I felt so confident following the advice, even though I'd previously gotten conflicting information from different advisors.

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Just wanted to update everyone. I was skeptical about taxr.ai when I commented earlier, but I decided to try it myself since I was also starting a tech company (not SAAS, but an app with in-app purchases). Holy crap, it was incredibly helpful! The tool didn't just tell me to pick "service" - it walked me through exactly why that was the right choice for my business model and highlighted how my revenue structure affected the classification. It also flagged a potential issue with how I was planning to classify workers that could have caused major headaches during tax season. Definitely worth checking out if you're uncertain about any classification issues for your startup. Saved me from making some potentially costly mistakes.

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Mei Liu

If you're still having trouble with your EIN application or need clarification directly from the IRS, I highly recommend Claimyr (https://claimyr.com). I waited on hold with the IRS for HOURS trying to get answers about my business classification for my software consulting business, but kept getting disconnected. Claimyr got me connected to an actual IRS agent in about 15 minutes who confirmed that software subscription services fall under the "service" category. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - it's seriously worth it when you need definitive answers straight from the IRS.

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How exactly does this work? Do they just call the IRS for you? Seems like something I could do myself if I was just patient enough.

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Yeah right. Nothing gets you through to the IRS quickly these days. I've literally spent entire days on hold. This sounds like a scam.

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Mei Liu

They use a system that navigates the IRS phone tree and holds your place in line, then calls you when an agent is about to answer. So you don't have to sit on hold for hours - you just go about your day until your phone rings and you're connected directly to an IRS representative. It's technically something you could do yourself, but you'd have to dedicate hours of your day waiting on hold, potentially getting disconnected, and starting over. With how busy most entrepreneurs are, especially during startup phase, the time saved is well worth it. I was able to get work done instead of listening to hold music for 3+ hours.

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I'm actually shocked but I have to eat my words about Claimyr. After posting that skeptical comment, I was so frustrated trying to get through to the IRS about my own EIN question that I decided to try it. Within 20 minutes I was talking to an actual human at the IRS! The agent confirmed that my software development/consulting business should be classified as a service business, not retail, and also helped me understand some of the tax implications of taking on my first employee vs. using contractors. I was genuinely expecting to be scammed but this actually saved me an entire day of frustration. Just wanted to be honest and admit when I'm wrong.

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Just to add another data point - I started a SAAS company last year and selected "service" for my business category on the EIN application. Never had any issues with the IRS or state tax authorities about that classification. Also, don't overthink this too much. The business category on the EIN application is primarily for statistical purposes and general classification. It doesn't lock you into specific tax treatments or limit what your business can do. The more important decisions will come when you file your actual tax returns and have to categorize specific income and expenses.

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That's really reassuring! Did you find that you needed to provide any additional explanation or justification when you selected "service" on your application?

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None at all. I just selected "service" from the dropdown and continued with the application. The process was surprisingly straightforward. The EIN was issued immediately online without any follow-up questions or requests for clarification. Like I mentioned, this classification is fairly broad and used more for statistical grouping than determining specific tax treatments. The more detailed classifications come into play when you're filing actual returns and need to use specific business codes (NAICS codes) that get much more granular about your exact business activities.

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FYI, if you want to get really specific, the North American Industry Classification System (NAICS) code most SAAS companies use is 541511 - "Custom Computer Programming Services" or sometimes 518210 - "Data Processing, Hosting, and Related Services" depending on the exact nature of your software. You might need these codes for other business filings beyond just your EIN application.

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Some banks also ask for NAICS codes when you're setting up business banking accounts, so it's good to have this info handy. I used 518210 for my cloud-based project management software and it worked fine.

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This is such a helpful thread! I'm in a similar situation with my fintech startup that provides automated bookkeeping services through a web platform. Based on all the advice here, it sounds like "service" is definitely the right classification for subscription-based software businesses. One thing I wanted to add that might help others - when I was researching this, I found that the IRS specifically mentions in Publication 535 that businesses providing access to software applications through the internet are generally considered service providers. This helped give me confidence in selecting "service" rather than second-guessing myself. Thanks especially to Andre and AstroExplorer for clarifying that this classification is more for statistical purposes and won't lock you into specific tax treatments. That takes a lot of the pressure off getting it "perfect" on the initial application!

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Thanks for mentioning Publication 535 - that's exactly the kind of official documentation I was looking for! It's really helpful to have specific IRS guidance confirming that web-based software applications are considered services. I'm going to bookmark that publication for future reference. Your fintech startup sounds really interesting! Automated bookkeeping is such a pain point for small businesses. It's great to see so many of us going through similar classification questions - makes me feel less alone in navigating all this startup paperwork. Good luck with your launch!

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This thread has been incredibly helpful! I'm launching a SaaS platform for restaurant inventory management and was also unsure about the business category selection. Based on all the great advice here, I'll definitely be selecting "service" for my EIN application. One additional resource I found useful was the IRS Business Activities Codes document, which specifically lists code 541511 for "Custom Computer Programming Services" under professional services. This reinforced that subscription software businesses like ours fall squarely into the service category rather than retail. It's reassuring to see so many successful entrepreneurs who've navigated this same decision. Thanks to everyone who shared their experiences - it really helps those of us just starting out feel more confident about these administrative steps!

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Restaurant inventory management is such a needed solution! I've been following this thread as I prepare to launch my own SaaS business (customer support ticketing system) and it's been incredibly educational. The IRS Business Activities Codes document you mentioned sounds really useful - I hadn't come across that yet. It's great to have that additional official confirmation that custom software services fall under professional services rather than retail. Between that, Publication 535 that Dmitry mentioned, and all the real-world experiences shared here, I feel much more confident about selecting "service" for my own EIN application. Thanks for adding another data point to this already super helpful discussion!

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As someone who's been running a SaaS business for the past 3 years, I can definitely confirm that "service" is the correct classification for your EIN application. I went through this exact same confusion when I started my project management software company. What really helped me understand the distinction is thinking about what you're actually providing to customers. With SaaS, you're not selling them a product they own - you're providing ongoing access to your platform, along with maintenance, updates, customer support, and continuous service delivery. That's fundamentally different from retail where customers purchase and own something. I've also found that most business formation attorneys and CPAs who specialize in tech companies will consistently recommend "service" for subscription-based software businesses. The IRS views the recurring nature of SaaS subscriptions as an ongoing service relationship rather than repeated product sales. One practical tip: keep documentation of your reasoning for selecting "service" in your business records. While it's unlikely to ever be questioned, having a clear rationale shows you made a thoughtful, informed decision if it ever comes up during an audit or review.

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This is such valuable insight from someone who's been running a SaaS business for several years! I really appreciate the practical tip about documenting the reasoning for selecting "service" - that's the kind of forward-thinking advice that could save headaches down the road. Your explanation about the fundamental difference between providing ongoing access/service versus selling a product that customers own really crystallizes why SaaS falls into the service category. It's one thing to understand it intellectually, but hearing from someone who's successfully operated under this classification for 3 years gives me much more confidence. The point about business formation attorneys and CPAs consistently recommending "service" for subscription software is also reassuring. It sounds like there's really a consensus among professionals who deal with this regularly. Thanks for taking the time to share your experience - it's exactly the kind of real-world validation that newcomers like me need to hear!

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I went through this exact same process for my marketing automation SaaS platform just six months ago, and after reading through all these helpful responses, I can add one more confirmation that "service" is definitely the right choice. What really sealed it for me was when I spoke with a business attorney who specializes in tech startups. She explained that the IRS looks at the nature of the ongoing relationship with customers - since SaaS companies provide continuous access, regular updates, technical support, and maintain the infrastructure, it's clearly a service business model. I also want to echo what FireflyDreams mentioned about keeping documentation. I created a simple one-page memo explaining my reasoning for selecting "service" and citing some of the IRS guidance that others have mentioned here (like Publication 535). It's sitting in my business files and gives me peace of mind. For anyone still on the fence, I'd say don't overthink it. The consensus from experienced entrepreneurs, tax professionals, and IRS documentation all point to "service" for subscription-based software businesses. Focus your energy on building your product and getting customers - the EIN classification really is more straightforward than it initially seems!

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This thread has been absolutely invaluable for someone like me who's just getting started! I'm in the very early stages of developing a SaaS platform for small business invoicing and was completely overwhelmed by the EIN application process. Reading through everyone's experiences and seeing the consistent recommendation for "service" classification has really put my mind at ease. The documentation tips from FireflyDreams and yourself are particularly helpful - I never would have thought to create a memo explaining my reasoning, but that seems like such a smart protective measure. I love how this community comes together to help each other navigate these administrative hurdles. As someone who's much better with code than paperwork, having this collective wisdom available makes the business formation process feel so much less daunting. Thank you for sharing your recent experience - knowing someone went through this successfully just six months ago makes it feel very current and relevant!

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This has been such an incredibly helpful thread! I'm preparing to launch a SaaS platform for e-learning course management and was completely stuck on this same EIN classification question. Reading through all the experiences shared here has given me tremendous confidence that "service" is absolutely the right choice for subscription-based software businesses. The explanations from Andre about the ongoing nature of SaaS, the IRS documentation references from Dmitry (Publication 535) and Giovanni (NAICS codes), and especially the real-world validation from FireflyDreams and Dyllan who've actually been operating successful SaaS businesses under this classification - it all creates such a compelling case. What I found most valuable was understanding the fundamental distinction that we're providing ongoing access and continuous service rather than selling a product customers own. That really clarifies why SaaS falls squarely into the service category despite involving software. I'm definitely going to follow the advice about documenting my reasoning and will be selecting "service" with full confidence. It's amazing how a question that seemed so complex initially becomes clear when you have this kind of community knowledge and official IRS guidance to reference. Thank you everyone for sharing your expertise and experiences - this is exactly why I love this community!

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Welcome to the community, Freya! It's so encouraging to see another entrepreneur taking the leap into SaaS development. E-learning course management is such a growing field - there's definitely a huge need for better platforms in that space. I just wanted to add that seeing this thread evolve has been really educational for me too, even as someone who's been lurking in this community for a while. The way everyone has come together to share both official IRS guidance and real-world experiences creates such a comprehensive resource that goes way beyond what you'd get from just reading government websites or even talking to a single advisor. One thing that really struck me from following this discussion is how the "service" classification seems to be universally accepted among people who've actually gone through this process for SaaS businesses. That kind of consensus from people with skin in the game is incredibly valuable when you're trying to make these decisions as a newcomer. Best of luck with your e-learning platform launch! The world definitely needs better tools for course management and online education.

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I just want to add my voice to this incredibly helpful discussion! I'm in the process of launching a SaaS platform for employee scheduling and time tracking, and like so many others here, I was completely puzzled by the business classification question on the EIN application. After reading through this entire thread, I'm blown away by the quality of advice and real-world experiences everyone has shared. The combination of official IRS documentation (Publication 535, NAICS codes), professional guidance from tax experts, and most importantly, the actual experiences of entrepreneurs who've successfully classified their SaaS businesses as "service" companies creates such a comprehensive resource. What really resonates with me is the fundamental principle that several people mentioned - we're providing ongoing access and continuous service delivery rather than selling products that customers own. That distinction makes the "service" classification feel completely logical rather than arbitrary. I'm particularly grateful for the practical tips about documenting the reasoning for this decision and keeping IRS guidance references on file. As someone who tends to worry about getting every detail perfect, having that kind of backup documentation will definitely help me sleep better at night! This community is absolutely amazing - the willingness of established entrepreneurs to help newcomers navigate these administrative hurdles is exactly what makes the startup journey feel less overwhelming. Thank you all for creating such a valuable resource for those of us just starting out!

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This thread has been absolutely incredible to follow! I'm just getting started with my own SaaS venture (a customer relationship management platform for small law firms) and was equally confused about the EIN classification question. What strikes me most about all the advice shared here is how consistent it is across different types of SaaS businesses - whether it's project management, e-learning, restaurant inventory, or employee scheduling, the "service" classification seems to be the clear winner for subscription-based software companies. The documentation tips everyone has mentioned are gold! I never would have thought to create a memo with my reasoning and IRS citations, but after seeing FireflyDreams, Dyllan, and others recommend it, I'm definitely going to put together something similar. It's such a simple step that could prevent headaches later. I also really appreciate how this discussion has evolved from a simple classification question into a comprehensive guide that covers NAICS codes, sales tax considerations, and even practical tools for getting quick IRS guidance. This is the kind of community knowledge that you just can't find in government publications or generic business advice articles. Thanks to Carmen for starting such a valuable discussion, and to everyone who contributed their expertise and experiences. This is exactly why I joined this community - to learn from people who've actually walked this path before!

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This has been such an enlightening thread to read through! I'm in the early stages of developing a SaaS platform for inventory management in the healthcare industry, and the EIN classification question had me completely stumped as well. What I find most valuable about this discussion is how it's evolved from the initial question into a comprehensive guide that covers not just the "service" classification recommendation, but also the reasoning behind it, official IRS documentation to reference, practical tips for documentation, and even tools for getting direct IRS guidance when needed. The consensus is crystal clear - every single person who's actually gone through this process for a SaaS business has selected "service" and had success with that classification. The fundamental principle that we provide ongoing access and continuous service delivery rather than selling owned products really makes the distinction obvious once you think about it that way. I'm definitely going to follow the excellent advice about creating documentation with my reasoning and relevant IRS citations. It's such a simple step that could save potential headaches down the road, and shows thoughtful decision-making if questions ever arise. Thank you to everyone who contributed to making this such a valuable resource! This is exactly the kind of community support that makes navigating the administrative side of starting a business feel manageable rather than overwhelming.

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Healthcare inventory management is such a critical area - there's definitely a huge need for better SaaS solutions in that space! I'm just starting out with my own software venture (a platform for small business customer support) and found this entire discussion incredibly reassuring. What really stands out to me is how this thread has become like a masterclass in EIN classification for SaaS businesses. The combination of real entrepreneur experiences, official IRS documentation, and practical implementation tips creates such a comprehensive resource that goes way beyond what you'd typically find in government guidance alone. I love how everyone has emphasized that "service" classification makes perfect sense when you think about the ongoing relationship we have with our customers - providing continuous access, updates, support, and platform maintenance. It's fundamentally different from selling a product someone owns outright. The documentation advice is spot on too. I'm definitely going to create my own memo referencing Publication 535 and the experiences shared here. Having that paper trail shows we made informed, thoughtful decisions rather than just guessing. Thanks for adding another healthcare SaaS perspective to this discussion! It's amazing to see entrepreneurs tackling important problems across so many different industries while all navigating the same administrative hurdles.

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This thread has been absolutely fantastic! I'm launching a SaaS platform for nonprofit donor management and was equally confused about the EIN classification. Reading through everyone's experiences has made it crystal clear that "service" is the right choice for subscription-based software businesses. What I particularly appreciate is how this discussion provides both the practical guidance (everyone who's done this successfully selected "service") and the theoretical foundation (we provide ongoing access and continuous service delivery rather than selling owned products). The IRS documentation references like Publication 535 and the NAICS code information add that extra layer of official backing. I'm definitely going to create that documentation memo with my reasoning and citations - such smart advice from FireflyDreams and others. It's reassuring to know that this classification has worked well for SaaS businesses across so many different industries, from project management to healthcare to e-learning. Thanks to Carmen for starting this discussion and to everyone who shared their expertise. This is exactly why I love this community - experienced entrepreneurs taking the time to help newcomers navigate these administrative challenges. The collective wisdom here is invaluable for those of us just starting our SaaS journey!

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Welcome to the community, Malik! Nonprofit donor management is such an important space - those organizations really need better tools to maintain relationships with their supporters effectively. I've been following this entire thread as someone who's about to start my own SaaS journey (developing a platform for small business project tracking), and it's been incredibly educational to see how consistent the advice has been across all these different software verticals. Whether it's healthcare, e-learning, nonprofit management, or any other SaaS model, the "service" classification just makes sense when you think about the ongoing relationship we provide to customers. The documentation strategy everyone has mentioned is brilliant - I hadn't considered creating a formal memo with reasoning and IRS citations, but it's such a smart way to show thoughtful decision-making. Between Publication 535, the NAICS codes, and all the real-world validation from successful SaaS entrepreneurs in this thread, there's more than enough official backing to feel confident in this choice. What strikes me most about this discussion is how it's become this incredible resource that newcomers like us can reference not just for the EIN classification question, but for understanding the fundamental principles of how SaaS businesses are viewed by government agencies. That's knowledge that will be valuable well beyond just filling out this one form!

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This has been an absolutely incredible thread to follow! I'm in the process of launching a SaaS platform for small business payroll management and was facing the exact same confusion about EIN classification that Carmen originally posted about. Reading through all the experiences shared here has given me complete confidence that "service" is definitively the correct classification for subscription-based software businesses. The consensus is remarkable - every single entrepreneur who's actually gone through this process successfully chose "service" and had no issues with that decision. What really clinched it for me was the fundamental distinction that several people explained: we're providing ongoing access, continuous updates, technical support, and platform maintenance rather than selling a product that customers own. That makes the service classification feel completely logical rather than arbitrary. I'm particularly grateful for all the practical implementation advice - the documentation memo idea with IRS citations (Publication 535, NAICS codes) is brilliant and shows real thoughtfulness in business decision-making. The tools like taxr.ai and Claimyr also sound incredibly useful for getting additional validation when needed. This community is amazing - the willingness of experienced SaaS entrepreneurs to share detailed guidance and real-world experiences makes navigating these administrative hurdles so much less intimidating. Thank you to everyone who contributed to creating such a comprehensive resource for newcomers like myself!

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Welcome to the community, Kai! Payroll management for small businesses is such a needed solution - there are so many pain points in that space that a well-designed SaaS platform could really address. I'm just getting started myself with a SaaS platform for retail inventory optimization, and this entire thread has been like striking gold! What amazes me most is how this discussion has evolved into this comprehensive guide that covers everything from the basic classification decision to official IRS documentation, practical implementation tips, and even specialized tools for getting direct government guidance. The unanimous consensus around "service" classification from everyone who's actually been through this process is incredibly reassuring. When you have that kind of real-world validation backed up by official IRS publications, it really removes the guesswork and anxiety from what initially seemed like such a high-stakes decision. I love how this community comes together to help each other navigate these administrative challenges. As someone who's much more comfortable building software than filling out government forms, having access to this collective wisdom makes the business formation process feel so much more manageable. Thanks to everyone who's contributed to making this such an invaluable resource!

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