Do You Need a New Tax ID Number for Your Estate, Trust, or Business in Georgia?

When setting up an estate, trust, or business, one of the most common questions is: Do I need a new Tax ID Number (also called an EIN)?

In many cases, the answer is yes. The IRS requires a separate Employer Identification Number (EIN) for certain entities, especially when the entity becomes legally distinct from the individual who created it.

Here’s what Georgia residents need to know about when a new EIN is required—and why it matters.

What Is an EIN?

An Employer Identification Number (EIN) is a unique nine-digit number issued by the IRS to identify a business, trust, or estate for tax purposes. Think of it like a Social Security Number for an entity.

You’ll need an EIN to:

• Open a bank account in the name of the trust or estate
• File tax returns for the entity
• Manage payroll or hire employees (for businesses)
• Receive and report income as a separate taxable entity

When Is a New EIN Required?

The IRS requires a new EIN in several estate planning and business scenarios:

1. Estates

If someone dies and their estate begins receiving income (from rental properties, investment accounts, etc.), a new EIN is required.

When it’s needed:

• Upon the death of an individual
• If the estate will have income or assets to distribute
• To file IRS Form 1041 (estate income tax return)

👉 Learn how probate and executor duties work in Georgia

2. Trusts

Trusts may or may not need an EIN, depending on their structure.

• Revocable Living Trusts (while the grantor is alive):
  No EIN is required. The trust uses the grantor’s Social Security Number.
• Irrevocable Trusts or Trusts After Grantor’s Death:
  A new EIN is required once the trust becomes irrevocable or operates independently.

Why it matters:
Once a trust becomes its own tax-paying entity, it needs its own ID.

👉 Learn how revocable trusts work under Georgia law

3. Businesses

If you’re forming a new LLC, corporation, or partnership, you’ll need an EIN to open bank accounts, pay taxes, and comply with Georgia and federal regulations.

Note: If your business undergoes a major structural change—like incorporating or bringing in new partners—it may also need a new EIN.

When a New EIN Is Not Required

You generally do not need a new EIN if:

• You’re a sole proprietor with no employees (using your SSN)
• You’re creating a revocable trust during your lifetime
• You’re updating an existing LLC’s name or address, but not changing ownership or structure

Still, it’s worth checking with an estate planning attorney or CPA to avoid missteps.

How to Get an EIN

You can apply online through the IRS at irs.gov. The process is free and usually takes only a few minutes.

Alternatively, if you’re setting up an estate or trust as part of your estate plan, your attorney can help you file the right documents, including EIN applications.

Bottom Line

If you’re handling an estate, setting up a trust, or launching a business in Georgia, you may need a new EIN to comply with tax law and manage assets properly.

At Hurban Law, LLC, we help clients understand when EINs are required—and how to structure estates, trusts, and businesses the right way. If you’re unsure whether your situation requires a separate Tax ID Number, we’re here to help you get it right.

Contact us today to make sure your estate or business is set up correctly from the start.