EIN Guide · What a federal EIN is, why your South Dakota LP needs one, and how to get it.
Getting an EIN for a South Dakota Limited Partnership
Every limited partnership needs a federal Employer Identification Number — a partnership cannot run on an individual's Social Security number the way a solo sole proprietor sometimes can. This page explains what an EIN is, why an LP always needs one, exactly how to get it, and the details that trip people up during the application.
One price: $199.00/yr covers your formation, your registered agent, and your annual report, plus the $125.00 state filing fee, at cost.
State agency: South Dakota Secretary of State, Business Services Division
Processing: Same day
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South Dakota LP
What an EIN Is and Why Every LP Needs One
The IRS assigns each business a nine-digit federal tax ID known as an Employer Identification Number. It identifies your business to the federal government the way a Social Security number identifies an individual. For a limited partnership, an EIN is not optional — it is a practical necessity from day one.
Why an LP always needs one
- The partnership files its own return. Every partnership files Form 1065 and issues Schedule K-1s. That return is filed under the partnership's EIN, not any partner's SSN. There is no version of an LP that skips the partnership return, so there is no version that skips the EIN.
- Banks require it. No bank will open a limited partnership's account without the EIN. Since keeping partnership funds separate from partners' personal money is essential to the entity's integrity, the account — and therefore the EIN — is a must.
- Employees and withholding. If the LP hires anyone, the EIN is the number used for payroll tax reporting and deposits.
- It keeps SSNs off business paperwork. Vendors, banks, and counterparties ask for a tax ID. Giving them the EIN keeps the partners' Social Security numbers out of circulation.
A single-member LLC can sometimes lean on the owner's SSN for federal purposes. A limited partnership cannot — by definition it has multiple partners and files a partnership return, so the EIN is baked into how it works.
When to Get the EIN
Timing matters. The EIN should come after your limited partnership legally exists but before you try to open a bank account or file anything.
The right sequence
- Form the LP first. File the Certificate of Limited Partnership with the South Dakota Secretary of State and get it accepted. The partnership needs to legally exist before you apply, because the EIN application asks for the entity's formation details.
- Apply for the EIN. With the LP formed, apply to the IRS. It is fast and free.
- Open the bank account and set up operations. With the certificate and the EIN in hand, the bank has what it needs.
Applying for the EIN before the LP is formed puts you in the awkward position of registering a business that does not yet exist. Because South Dakota processes online formations the same day, the gap between "LP formed" and "ready to apply for the EIN" is often just hours.
How to Apply — Step by Step
The IRS issues EINs directly and at no cost. Be wary of any site that charges a fee to "get" an EIN — the application itself is always free from the IRS.
The online application
- Go to the IRS EIN Assistant at IRS.gov and start a new application.
- Select partnership as the entity type. A limited partnership applies as a partnership for EIN purposes.
- Provide the LP's legal name exactly as it appears on the certificate, its address, and its formation details.
- Name the responsible party — generally a general partner who controls or manages the partnership — along with that person's SSN or ITIN.
- Submit. The EIN is issued immediately, and you can download and print the confirmation letter to use the same day.
The whole process takes about ten minutes. The online tool is available during IRS business hours, and you must complete it in one session — it does not save partway through.
If you cannot apply online
The online application requires the responsible party to have a US Social Security number or ITIN. If your responsible party has neither — common with foreign general partners — the LP applies by fax or mail using Form SS-4. Fax turnaround is several business days; mail is several weeks. Plan ahead if this is your situation, because it is meaningfully slower than the instant online route.
Details That Trip People Up
A few recurring snags are worth knowing before you start.
The "responsible party" must be a real individual
The IRS wants a natural person as the responsible party — a general partner who controls the LP — not an entity, even if the general partner of your LP is itself an LLC or corporation. Identify the actual human behind the controlling interest.
One EIN per entity
Your LP gets one EIN and keeps it. You do not need a new one when partners change or the business evolves. You would only get a new EIN in specific situations, such as certain changes in structure — check IRS guidance rather than assuming.
Match the name to the certificate
The name on the EIN application should match the name on your Certificate of Limited Partnership. Mismatches between your IRS records, your state filing, and your bank paperwork cause friction later, so get it consistent from the start.
Watch for fee-charging middlemen
Search results are full of services that charge to obtain an EIN. The IRS never charges for it. If you would rather not deal with the application at all, that is fine — but understand you are paying for convenience, not for the number itself, which is always free direct from the IRS. If you form your LP through Mainstay Filing, we can point you to the correct free IRS application so you are not overpaying a middleman for a ten-minute form.
Frequently asked questions
Does a South Dakota limited partnership need an EIN?
Yes, always. A limited partnership files its own federal partnership return (Form 1065) under an EIN, and every bank requires an EIN to open the partnership's account. Unlike a single-member LLC, an LP cannot operate on an individual's Social Security number — the EIN is fundamental to how a partnership functions.
How much does an EIN cost?
Nothing. The IRS issues EINs at no cost. Any website charging a fee to "get" your EIN is charging for convenience, not for the number itself. You can apply directly at IRS.gov in about ten minutes and receive the number immediately.
Should I get the EIN before or after forming the LP?
After. Form the limited partnership first by filing the Certificate of Limited Partnership with the Secretary of State, then apply for the EIN, because the application asks for the entity's formation details. Since South Dakota processes online formations the same day, the wait between forming and applying is usually just hours.
Who is the "responsible party" on the EIN application?
A natural person who controls or manages the partnership — generally a general partner. It must be an individual with a Social Security number or ITIN, even if the general partner interest itself is held by an LLC or corporation. Identify the actual human behind the controlling interest for the application.
Can a foreign general partner get an EIN for the LP?
Yes, but not always through the instant online tool, which requires the responsible party to have a US SSN or ITIN. If the responsible party has neither, the LP applies by fax or mail using Form SS-4. That route is slower — several business days by fax, several weeks by mail — so plan ahead if your general partner is foreign.
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