The Small Business Tax Help Blog

Question: Sole Proprietorship and EIN or Federal Tax Identification Number?

My wife and I are about to create a sole proprietorship. We will be filing our taxes jointly. Currently we are finishing up the application to our county to register the business and then going to fill out a DBA [Doing Business As] (fictitious name) form. We won’t be making more than $10,000. Do I need to file for an Employer Identification Number? (I’m in VA). Thanks for your help!
Thanks so much for your help!

Answer: Hi!

As long as you do not have employees you will not need an EIN.

You are in luck. Last year the rules changed for spouses running a business. Before last year you were required to file a partnership return with each of you then receiving a K-1. Now, the law has changed and as long as it is only the two of you and you both work equally at the business you will just complete one Schedule C for each of you with the income and expenses divided evenly between you.

Hope this helps.

Virginia Cunning, Enrolled Agent, Master Tax Advisor
H & R Block

**This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided.

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