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Changing state of incorporation - do I need a new EIN?

 
 
MMF
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      07-01-2005, 03:35 AM
I've got a company that's incorporated in State A. I'm
going to move it to State B by creating a new corp there and
merging the State A corp into it. I'd like to be able to
use the Employer ID Number from the the first corp for the
new corp. Can I do this, or will I have to get a new EIN
for the new corp?

Thanks.

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cballard@tyyni.net
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      07-03-2005, 04:08 PM
Assuming that the reincorporation qualifies as an "F"
reorganization under Code section 368(a)(1)(F), you can
continue using the same EIN. See Rev Rul 73-526.

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Harlan Lunsford
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      07-03-2005, 04:08 PM
MMF wrote:

> I've got a company that's incorporated in State A. I'm
> going to move it to State B by creating a new corp there and
> merging the State A corp into it. I'd like to be able to
> use the Employer ID Number from the the first corp for the
> new corp. Can I do this, or will I have to get a new EIN
> for the new corp?


I looked into this once for a client and couldn't find
anything anywhere that precluded what we, well, HE, did.

Very simply he formed a new Georgia corporation which was a
continuation of the old Texas corporation. Minutes of the
meeting documented the transfer which was effective on
January 1st. the same "Texas style" FEI continued to be
used for the new corporation with nary a peep from IRS.

ChEAr$,
Harlan Lunsford, EA n LA

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LoTax
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      07-03-2005, 04:27 PM
My impression IIRC is that what you've got is an "F"
reorganization, in which case the "new" corporation is
*required* to use the same ID number as the old one. An
"F" reorganization is a *mere* change of name or place of
incorporation of a corporation, no matter how it's
accomplished...I think.

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