Can I get a new EIN?

[Kevin Donahue]

What is the name of your state? Florida
.
My business went bankrupt owing the IRS about 12K in penalties and interest (all the money owed for the 941's were paid). I'd like to open a new business but on the application it asked if I've ever applied for a EIN before and they want the old EIN number. If I give them that can the IRS go after my new business to pay for the old one?

 

[moburkes]

What is the name of your state? Florida
.
My business went bankrupt owing the IRS about 12K in penalties and interest (all the money owed for the 941's were paid). I'd like to open a new business but on the application it asked if I've ever applied for a EIN before and they want the old EIN number. If I give them that can the IRS go after my new business to pay for the old one?

If you lie, you'll be in even more trouble. But, no, if the first one went BK then the debts were discharged during the BK proceedings, right?

 

[LdiJ]

What is the name of your state? Florida
.
My business went bankrupt owing the IRS about 12K in penalties and interest (all the money owed for the 941's were paid). I'd like to open a new business but on the application it asked if I've ever applied for a EIN before and they want the old EIN number. If I give them that can the IRS go after my new business to pay for the old one?

Ok...based on that. I have to assume that your prior business was a C-corp, or an LLC electing to be treated as a C-corp. If your trust fund taxes were paid, then only a C-corp would have actual income taxes due....all other business entities would have income taxes passed through to the shareholders, or members. If your prior business entity was one of those where the income passes through, you would still be on the hook for the taxes due as an individual.

In that case, it would not be possible for you to answer "yes" to that question. A business entity such as a C-corp, S-corp, LLC etc is a specific identity. You can only answer yes to that question if you were a prior sole proprietor or single member LLC, and were starting up a new business as a sole proprietor or single member LLC.

You need a face to face consult with a local tax professional who is experienced in small business. However, I expect that the answer to your question is no.

 

[LdiJ]

If you lie, you'll be in even more trouble. But, no, if the first one went BK then the debts were discharged during the BK proceedings, right?

You might want to reconsider whether or not you want to answer questions on this particular forum. Tax law is quite complex.

1) See my response, the issue as to whether or not "yes" should be answered is complicated.

2) federal taxes due can only be discharged in bankruptcy in VERY specific and very limited situations.

 

[moburkes]

OP I apologize for giving you incorrect information.