Should You Get Ein First Or LLC First?

  • John A. Osborne
  • May 20, 2023
Small Business Insurance Oklahoma

Starting a business is an exciting and challenging endeavor. However, before you can start selling products or services, there are some legal and administrative tasks that you need to take care of. One of the most important decisions you need to make is whether to get an EIN or LLC first. In this article, we will discuss the pros and cons of each option and help you determine which one is the best for your business.

Before we dive into the details, let’s clarify what EIN and LLC mean. An EIN (Employer Identification Number) is a unique nine-digit number assigned by the IRS to identify your business for tax purposes. On the other hand, an LLC (Limited Liability Company) is a legal structure that protects your personal assets from business liabilities, such as debts or lawsuits. Now that we have a basic understanding of these terms, let’s explore the advantages and disadvantages of getting EIN or LLC first.

Reasons to Get EIN First

If you are planning to start a business that requires an EIN, such as hiring employees or filing taxes, you might want to consider getting it first. Here are some reasons why:

  • It’s free and easy to obtain. You can apply online, by mail, fax, or phone.
  • It’s required by the IRS to open a business bank account, apply for loans, or establish credit.
  • It’s a good way to separate your personal and business finances, which can simplify accounting and tax reporting.
  • It can help you build credibility with customers, vendors, and partners who might ask for it.

Reasons to Get LLC First

If you are concerned about protecting your personal assets from business risks and liabilities, you might want to consider forming an LLC first. Here are some reasons why:

  • It offers limited liability protection, which means that your personal assets are separate from your business assets and debts.
  • It can help you avoid double taxation, as LLCs are taxed as pass-through entities, meaning that profits and losses are reported on your personal tax return.
  • It can provide flexibility in management and ownership, as you can choose to manage the LLC yourself or hire managers, and have one or more members who own the LLC.
  • It can enhance your brand image and reputation, as customers and partners might perceive your business as more professional and trustworthy.

Which One Should You Get First?

The answer to this question depends on your specific business needs and goals. Here are some factors to consider:

  • If you are a sole proprietor or a single-member LLC, you can use your social security number instead of an EIN to file taxes and open a business bank account.
  • If you are concerned about protecting your personal assets, you might want to form an LLC first and then apply for an EIN.
  • If you need an EIN to hire employees or apply for business licenses, you might want to get it first and then form an LLC.
  • If you are not sure which one to get first, you might want to consult with a legal or tax professional to help you make an informed decision.


Whether you decide to get an EIN or LLC first, it’s important to understand the benefits and drawbacks of each option and how they relate to your business. By doing so, you can make a well-informed decision that aligns with your vision and strategy. Remember that starting a business is a journey, and there will be many decisions to make along the way. Good luck!

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