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Go Back   Tax Forum - Tax Help Forum, Payroll Tax Forum, Business Tax Forum, Tax Questions, Free Tax Advice > Business Tax Forum > LLCs

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Old 01-17-2010, 12:23 AM   #1
randall43
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LLC starts a 3rd Branch in the Construction Field- EIN?

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We have a 10 member LLC... origanated as an Investment Group....
The LLC has 4 different Titles.... A,B,C,D registered by the state
One of the branches ( with 3 of the members) is starting a Small General Construction bussiness...
HERE IS THE QUESTION:
Do we need to file for a seperate Tax ID Number?
For Bank Accounts, Licenses and the likes?

There isn't going to be any employee's...

Thankx for all the help you guy's and gal's do on here...
Be Blessed Investors,
Randall43
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Old 01-25-2010, 01:37 PM   #2
skier_j
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Quote:
Originally Posted by randall43 View Post
We have a 10 member LLC... origanated as an Investment Group....
The LLC has 4 different Titles.... A,B,C,D registered by the state
One of the branches ( with 3 of the members) is starting a Small General Construction bussiness...
HERE IS THE QUESTION:
Do we need to file for a seperate Tax ID Number?
For Bank Accounts, Licenses and the likes?

There isn't going to be any employee's...

Thankx for all the help you guy's and gal's do on here...
Be Blessed Investors,
Randall43


Direct answer bearing the following in mind is no need to get a fresh ID number.


A couple of housekeeping items come to mind.

1. does this new venture fit within the LLC's organizing documents 'mission statement' (for lack of a better term this morning---) ... For instance, the organizing doc should have some sort of "all inclusive' language like .....and any other lawful activity.....if it does not, you MAY and I stress the may part, have started an activity not authorized by your governing docs.

2. be aware that if your LLC's official name is XYZ, LLC with ein 04-XXXXXXX
and your new "branch" will be called East Branch Contracting.....be sure to title the bank records with the OFFICIAL name or you will end up with a name/EIN mismatch and the potential for back up withholding on interest earned payments in the future.
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Old 01-27-2010, 06:23 PM   #3
Skyhawk
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I have problems with the above scenario. LLCs DO NOT fit into the federal consolidated return statutes or regulations. The above situation has two entities, if not more, that have different sets of members, e.g. 10 and 3. Even if LLCs did qualify to use the consolidated retun statutes this would not meet the 80% qualifications. Also note that an S-corporation cannot be a member of a consolidated group, until recently in a limited situation within another S-corporation, but NOT with a C-corporation, AND electing to file as a corporation (S-corp or otherwise) does not make the entity a "CORPORATION". If these business do not have exactly the same owners they should be reported as seperate entities rather than as a "consolidated" group.
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Old 01-27-2010, 07:09 PM   #4
skier_j
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I read the question as "Large, LLC" with 10 members.

Activities A, B, C, and D each run by some combination of the 10 members.

It has a new activity, say B-2 which will be attended to by 3 of the members.

I did not read it as 5 LLC's consolidated into one.

My advice was predicated on there being ONLY one legal entity doing multiple activities and if that is truly the case, there is no consolidation going on, it is all one entity.

Hence the advice that a new ID number is not required and the caveat that particular attention be paid to names used on things like fresh bank accounts.
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Old 02-04-2010, 07:47 AM   #5
randall43
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I am impressed with the deepth of WISDOM found here on this site...
You all have done a GREAT job of digging in and helping to solve the problem...
1. Yes, the "Operating Agreement, and By-Laws" do have wording that coverers the existing Adventure...
2. After conversation with my lawyer, we are indeed filling seperate EIN for each A,B,C,D... which will be as... Company-D dba "Company Construction" in care of Company LLC- General Partners

You guy's and Gals are a Treat in this world of chaos...
Be Blessed Investors
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