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Program Goals: Program goals for this type of work are included in the Accounts Management Program Letter and Measures and Operating Guidelines, and in IRM 1.4.16 Accounts Management Guide for Managers.

Wage and Investment employees in Customer Accounts Services and employees in Communications Assistance, Research and Education (CARE) respond to questions about EIN assignment and assign EINs when appropriate.

These authorities take many forms: Treasury regulations, Internal Revenue Codes (IRC), advice from counsel, Policy Statements (e.g., P-21-3), etc. and are cited in this IRM as they apply to the topic being discussed. Refer to IRM 1.2.21, Servicewide Policies and Authorities, Policy Statements for Customer Account Services Activities, for additional information.

Program controls are found in the Accounts Management Program letter Measures and Operating Guidelines and in IRM 21.10.1, Embedded Quality (EQ) Program for Accounts Management, Campus Compliance, Field Assistance, Tax Exempt/Government Entities, Return Integrity and Compliance Services (RICS), and Electronic Products and Services Support.

Foreign corporations and individuals not engaged in a trade or business in the United States (and foreign partnerships, foreign trusts, and foreign estates that do not have gross income that is (or is treated as) effectively connected with the conduct of a trade or business) are not required to obtain an EIN and do not have to file a return, unless they otherwise have United States source income on which the tax liability was not fully satisfied by the withholding of tax at the source.

A withholding agent is an agent, broker, fiduciary, manager, tenant, or spouse and is required to file Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons. A withholding agent must not be confused with an employer (fiscal) agent. See IRM 21.7.13.5.14 for additional information on employer (fiscal) agents.

The Taxpayer Bill of Rights (TBOR) lists rights that already existed in the tax code, putting them in simple language and grouping them into 10 fundamental rights. Employees are responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see -of-rights . Under these rights, taxpayers have the right to expect the tax system to consider facts and circumstances that might affect their underlying liabilities, ability to pay, or ability to provide information timely. Taxpayers have the right to receive assistance from the Taxpayer Advocate Service if they are experiencing financial difficulty or if the IRS has not resolved their tax issues properly and timely through its normal channels.

An individual indicates that an EIN is required for business purposes (e.g., to acquire professional licenses, collect sales tax on retail sales, for banking purposes or when required by another Government Agency. See IRM 21.7.13.4.4)

There is no legal age requirement for a taxpayer to be issued an EIN. However, if the taxpayer is a minor, the Social Security Number (SSN) of the parent or legal guardian is required. Along with inputting the minor's SSN or Individual Taxpayer Identification Number (ITIN) in the correct cross reference field, also input the SSN/ITIN of the parent or legal guardian in the Remarks field of Command Code (CC) ESIGN. The parent or legal guardian of a minor child applying for an EIN is authorized to receive the EIN after performing normal disclosure procedures on the parent or legal guardian.

Treas. Reg. 301.6109-1(d)(2) states that any person required to furnish an employer identification number must apply for one, if not done so previously, on Form SS-4. The form, together with any supplementary statement, must be prepared and filed in accordance with the form, accompanying instructions, and relevant regulations, and must set forth fully and clearly the requested data.

It is critical that a distinction be made between an application that is incomplete or flawed and one that is frivolous. Therefore, management approval is required if an application will not be processed because it is deemed frivolous. Upon approval, destroy the frivolous application as classified waste. Classified waste is documentation containing taxpayer entity or account information that is not part of the case and is not needed for audit trail purposes.

If multiple applications are received from the same taxpayer for LLCs, corporations, trusts, etc. and the applications are complete, are not duplicates, and the entries do not contain nonsensical information, this does not constitute a frivolous application. Assign the EINs in these cases.

If applications appear suspicious, refer to the Scheme Development Center (SDC). The SDC cannot act on a referral that does not lead to the commission of a refund crime. However, applications that appear suspicious can be sent as potential leads using the instructions below:

As part of a Servicewide effort to combat fraud and identity theft, beginning January 2, 2013, EIN assignment employees, as part of research performed on the responsible party, will perform a date of death (DOD) check when:

The Integrated Automated Technologies (IAT) EIN Assignment tool will display a pop-up screen when a date of death is present for the responsible party. In addition, the pop-up screen refers the employee to this IRM for procedures. Follow the instructions below when a date of death is displayed.

The date of death check is performed on the individual named as the responsible party on Form SS-4 - either line 7a/7b (principal officer, member, partner) or Line 9a (sole proprietor, grantor/trustor). The DOD check is not performed on a fiduciary (the conservator, receiver, guardian, bankruptcy trustee, etc.)

Do not disclose any information beyond the language shown above. If questioned why the responsible party must call then state: "I'm sorry, I am unable to provide you with any further information."

Do not, at any point in the conversation, either state or confirm that IRS records show the responsible party is deceased. The authorized third party is not entitled to this information. Their authority ends at the time of the taxpayer's death. Only an individual who can establish authority, such as a fiduciary (administrator, executor, or trustee of the estate), or an heir at law, next of kin, or beneficiary who establishes a material interest, may be entitled to any information about the decedent.

The entity type must be one for which an alternative responsible party may be provided ( Corporation, LLC, Partnership, etc.) There cannot be an alternate responsible party for entity types where there is only one responsible party (Sole Proprietorship, Single-Member LLC, Household Employer, etc.).

If you are processing a faxed application, and a date of death is present for the responsible party, fax the Form SS-4 back to the sender using the campus cover sheet. If the Form SS-4 was faxed by the responsible party, use the following language: "We are sorry, but we are unable to provide you with an EIN at this time. Our records show a date of death is present. Contact the Social Security Administration (SSA) to correct the information. Then, you must mail or fax us a completed and signed Form SS-4, along with the documentation received from SSA as verification. Upon receipt, the application and documentation will be evaluated, and, if complete, an EIN will be faxed back within 4 business days." If the Form SS-4 was faxed by a TPD/POA or other authorized individual, use the following language: "We are sorry, but we are unable to provide you with an EIN at this time. Please have the responsible party contact us." See IRM 10.5.1.6.9.4, Faxing for guidance.

If you are processing a mailed application, and a date of death is present for the responsible party, mail the Form SS-4 back to the sender using Notice Gatekeeper Web (SNIP) - LTR 0045C Detail Page (irs.gov) , EIN Application Requested/Received (Form SS-4). Use paragraphs G and open paragraphs 0 (zero) and *(asterisk). If the Form SS-4 was received from the responsible party, in the open paragraphs, provide the following language: "We are sorry, but we are unable to provide you with an EIN at this time. Our records show a date of death is present. Contact the Social Security Administration (SSA) to correct the information. Then, you must mail or fax us a completed and signed Form SS-4, along with the documentation received from SSA as verification. Upon receipt, the application and documentation will be evaluated, and, if complete, an EIN will be assigned and a notice will be sent to you." If the Form SS-4 was received from a TPD/POA or other authorized individual, in the open paragraphs, provide the following language: "We are sorry, but we are unable to provide you with an EIN at this time. Please have the responsible party contact us."