Can a plan use the sole proprietor's social security number as its EIN

[Guest Tara Curran]

A sole proprietor adopts a Profit Sharing and a Money Purchase Pension Plan. The sole proprietor has no employees so she did not apply for an EIN. Does she need to file Form SS-4 to obtain an EIN or can the plans use her social security number as the EIN?

[Guest Jim Hunzelman]

I assume you are talking about an EIN for the business for which the plan was established. My experience in this situation is that if she does not obtain an EIN and files a 5500 (or 5500-EZ) using her SSN, the IRS will write her a letter and assign an EIN.

[Kristina]

I believe the instructions for the 1999 5500 series require that a EIN be obtained before filing. The SS-4 can be faxed and a number issued by the next day.

[Guest carolneill]

I believe there is also an 800 number where you can get the EIN immediately.

[bzorc]

IRS Tele-Tin Number is 816-926-5999

Fax Number: 816-926-7988

If you fax an SS-4, you usually get your EIN in a day or so.

[Mary Kay Foss]

Instructions for Form SS-4 list a separate telephone number for each IRS district. (wonder how they'll handle this with restructuring).

I've also attached a completed SS-4 to the initial Form 5500-EZ and obtained the number that way.

[Kristina]

Mary Kay. Because we are filing 5500's with the DOL and the IRS issues the EINs, I do not recommend that the ss-4 be sent with an incomplete 5500-EZ. I'm sure you will get a letter. Get the EIN before filing the 5500 or 5500-EZ.