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Question

Can I get an EIN if my business wasn't registered?

I'm running my business without registering it yet, but I need an EIN to open a bank account or hire employees. Can I still get one?

Rocket copilot

Answer

Possibly. Whether you can obtain an Employer Identification Number (EIN) depends on your business structure, the reason you need the EIN, and the applicable IRS requirements. Registering a business with a state and obtaining an EIN are separate processes, so one does not automatically require the other. 

While an EIN is issued by the IRS for federal tax purposes, some states or financial institutions may have separate registration or documentation requirements. An EIN is used for federal tax administration and may be needed for certain tax filings, opening business bank accounts, hiring employees, or other business purposes.

When might a business need an EIN?

Not every business is required to have an EIN, but many choose or are required to obtain one. Common situations include:

  • Hiring employees.
  • Opening a business bank account.
  • Filing certain federal tax returns.
  • Operating through certain business entities.
  • Working with vendors or customers that request an EIN.
  • Separating business and personal tax records.

The specific requirements depend on your business structure and activities.

What should you consider before applying?

Before applying for an EIN, make sure you understand how your business is organized and what other requirements may apply. Consider reviewing:

  • Your current business structure.
  • Whether state or local business registration is required.
  • Any licensing or permit requirements.
  • Your federal and state tax obligations.
  • Business records and identifying information.
  • Whether your planned business activities require additional registrations.

Understanding these requirements can help ensure your business information is consistent across tax and registration filings.

What to do next…

  1. Determine whether your business is required to obtain an EIN.
  2. Identify your current business structure and tax reporting needs.
  3. Review any state or local registration requirements that may also apply.
  4. Gather the information needed before applying for an EIN.

What to consider in your specific situation

  • The type of business entity you have or plan to form.
  • Whether your business has employees or plans to hire them.
  • The reason you need an EIN, such as banking or tax reporting.
  • State and local registration requirements.
  • Federal tax rules that apply to your business.
  • Whether additional licenses or permits are required.

Since every situation is different, consider getting more information through Rocket Copilot or an attorney review to move forward more confidently.

Published on 07/31/2026Written by Laura BojartReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

Need to make sure your business is properly registered?

Operating a business without proper registration can expose you to personal liability, tax complications, and legal action. Whether you need to fix past non-registration, understand how a side business impacts your current employment, or navigate tax obligations, Rocket Lawyer provides the tools and support you need:

  • Rocket Copilot Q&A for instant legal information
  • Ask an Attorney for human responses within a business day
  • Business registration and other smart legal tools

Address your registration issues and protect your business with trusted legal support.

Explore more about operating a business without formal registration

Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.