Legal Question in Business Law in New York

IRS has used a different EIN on my S-corp filing..damages?

After incorporating I received my EIN from the IRS. I have used this EIN for my bank account and other documents sent to the government. After finally receiving my approvement to become a S-corp my registered agent reveiled to me that the IRS has issued me a new EIN on it and I have also seen this on the paperwork. My agent informs me that the IRS won't allow them to negotiate for me on this issue and I have to contact the IRS directly. I called today but offices are closed until Monday so here is my question. Either I will have to change my EIN to this new number or it will be changed back to my original correct? What if the IRS has issued both and this causes hardship in the future, such as damages wasted time to get it fixed, taxed 2 times etc etc. Would I be able to recover any of this money from the IRS? My corporation is just taking off the ground and is experiencing rapid growth and I do not need my attention elsewhere.


Asked on 3/26/05, 5:43 pm

1 Answer from Attorneys

Gary Adelman Adelman Matz, P.C.

Re: IRS has used a different EIN on my S-corp filing..damages?

You should not have a problem as long as you get it straightened out with the IRS and get confirmation. You will not be able to recover monies from the IRS, but you are assuming it was their fault. Once you get in touch with the IRS, I would ask them why this happened?

Feel free to contact me if you have any follow up questions.

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Answered on 3/26/05, 8:51 pm


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