Does a surviving corporation need a new EIN after a merger?
· 1 min read
The surviving corporation keeps its existing EIN when another corporation merges into it. A new corporation created by a merger needs a new EIN. Read the effective merger documents to determine whether the transaction leaves a preexisting corporation in place or creates a different corporation.
What to check
Record the legal names, EINs and effective date of the corporations involved. Reconcile the resulting entity with the state records before updating payroll, banking and filing systems. Check the handling of the merged entity's prior records separately with the relevant adviser or agency.
Example
Harbor Inc. merges into Oak Inc. and the documents identify Oak as the surviving corporation. Oak keeps its EIN. If the legal merger instead creates a new Oak Harbor Inc., the new corporation needs its own EIN.
Before you proceed
- Read the certificate or articles of merger.
- Identify the legal survivor or newly created corporation.
- Record which EIN belongs to each entity and period.
Does the buyer's brand name determine which EIN to keep?
Use the legal entity that survives under the merger documents. A brand name alone does not establish the legal survivor.
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- How to reply to IRS Letters 6042C and 5263C
- Which IRS number to call from abroad after getting an EIN