EIN Guide for a Virginia LLP

An Employer Identification Number is a nine-digit federal tax ID issued by the Internal Revenue Service. It functions like a Social Security number for a business — the number that identifies the partnership on federal tax filings, bank accounts, and payroll. The IRS issues it at no cost.

For a Virginia LLP, an EIN is not optional the way it sometimes is for a single-member LLC. A partnership has more than one owner and must file a federal partnership return (Form 1065). That return has to be filed under an EIN — a partnership cannot file under an individual partner's Social Security number. So from the moment your LLP exists, it needs its own EIN.

What you use the EIN for

• Filing the partnership's federal return (Form 1065) and issuing Schedule K-1s to partners
• Opening the partnership's bank account — banks require the EIN to open a business account
• Registering for Virginia tax accounts, including sales and use tax and withholding, when applicable
• Hiring employees and running payroll, which requires the EIN for employment tax deposits and filings
• Establishing the partnership's identity with vendors, lenders, and payment processors

Timing matters. The cleanest sequence is to register the LLP with the State Corporation Commission first, then apply for the EIN, then open the bank account.

Register first, then apply

Apply for the EIN after your Statement of Registration is filed and the LLP officially exists. The IRS application asks for the legal name of the entity, and you want that to match the name on record with the Commission exactly. Applying before the LLP is registered — or with a slightly different name — can create mismatches that cause headaches later when a bank or the IRS compares records.

Then open the bank account

The bank account comes after the EIN, because the bank will ask for the EIN confirmation along with your filed registration and, usually, the partnership agreement. Doing these in order — registration, EIN, bank account — avoids the frustrating loop of being sent back for a document you do not have yet.

The IRS offers a free online application, and for most partnerships it is the fastest route by far. Beware of third-party sites that charge a fee to "obtain" an EIN — the IRS never charges for one.

Applying online

Use the EIN Assistant at IRS.gov. The online application is available during posted hours and issues the EIN immediately upon completion, so you can download the confirmation letter and start using the number the same day. You will select "partnership" as the entity type and provide the LLP's legal name, its Virginia principal office address, and information about the responsible party.

The responsible party

The IRS requires a "responsible party" — a real person who controls or manages the partnership — and their Social Security number or ITIN. For a partnership, this is typically one of the partners. The responsible party must be an individual, not another entity, and the IRS limits online applications to one per responsible party per day.

If the responsible party has no SSN or ITIN

A responsible party without a US Social Security number or ITIN cannot complete the online application. In that case, apply by fax or mail using Form SS-4. This is slower — fax responses take several business days and mailed applications longer — but it is the correct path for international partners without a US taxpayer ID.

The EIN process is simple, but a few recurring mistakes cause disproportionate trouble down the line. Knowing them in advance saves you the cleanup.

Paying a third party for a free number

Search results are full of services that charge to "get your EIN." The IRS issues EINs for free, and the online application takes about ten minutes. Paying for the EIN itself adds no value — though it can be reasonable to pay a formation service that bundles EIN retrieval with other filings as a convenience, as long as you know the underlying number costs nothing.

Applying before the LLP is registered

If you apply for the EIN before the Statement of Registration is on file, or under a name that does not exactly match the Commission's record, you can end up with an EIN tied to a name the state does not recognize. Register first, then apply with the exact legal name.

Losing the confirmation letter

The IRS issues a confirmation (the CP 575 for new EINs) once, and getting a replacement later is a hassle. Save the PDF confirmation the moment it is issued, and store it with your filed registration and partnership agreement. You will need it every time you open an account or set up a tax registration.

Assuming the EIN replaces state registrations

The EIN is a federal number. It does not register you for Virginia sales tax, Virginia withholding, or a local business license — those are separate registrations that often ask for the EIN but are not created by it. Treat the EIN as one piece of the setup, not the whole thing.

Mainstay Filing's core service is the state registration — preparing and filing the Statement of Registration that creates your Virginia LLP and its liability shield, and serving as your registered agent. Because the EIN should be obtained after the LLP is registered and under the exact legal name on file, having the registration handled correctly first makes the EIN step clean.

If you would rather not deal with the IRS application yourself, a formation service can retrieve the EIN on your behalf as a convenience once the entity exists. Either way, the number itself is free from the IRS, and the important thing is that it is obtained under the correct legal name after the registration is complete. From there, the EIN, your filed registration, and your partnership agreement are the three documents you will reach for again and again as you open accounts and set up Virginia tax registrations.