Does the IRS Make Company and Tax ID Information Public?
When forming a new Delaware entity, it isn’t always obvious what will be shared as part of the public record. Generally, Delaware is quite popular for allowing you to form a company with minimal information added to the public record, but what about your EIN?
Your Employer Identification Number (EIN), or federal tax ID, is perhaps your business’s most sensitive piece of information. It's the equivalent of a Social Security Number for your company, a nine-digit key that links your business directly to the IRS. With so much information riding on this number, many business owners ask: Does the IRS make company and tax ID information public?
Thankfully, the short answer to this question is “no.” The IRS takes the privacy of personal and business tax information very seriously. There are ways to obtain a lost EIN number from the IRS, but detailed information is required to process the application. A responsible party, such as an officer of a corporation or a partner in a partnership, can retrieve a lost EIN only after meeting various verification requirements. No one can access the EIN of another entity through a simple call or email.
Are Tax ID Numbers Public?
EINs are generally not public information. For starters, there is no database of EINs available to the public from the IRS or any other agency. Some websites will claim to offer a database of EINs, but these will only include EINs obtained from the U.S. Securities and Exchange Commission (SEC) filings for public companies, inadvertent disclosures in regulatory filings or lawsuits, or the company itself. Short of finding documents that are poorly secured or discarded, there isn’t a way to find a company’s EIN or EIN-related info.
Certain nonprofit, tax-exempt entities are required to file publicly available returns or make tax filings publicly available, which exposes the EIN.
Information about the IRS policies regarding privacy and confidentiality is available on the pages below, as a part of what the IRS calls the Taxpayer Bill of Rights:
- Privacy policy in terms of interactions with the IRS
- Confidentiality of information submitted to the IRS
When EINs Do Appear Publicly
As we just alluded to, there are actually a few scenarios where a company’s EIN may appear on public business records. It’s worth noting that this information is usually voluntary and doesn’t feature every business with an EIN.
- Non-profit Organizations - Most tax-exempt entities, such as charities and private foundations, are required to file an annual return (Form 990) with the IRS. Under law, a significant portion of this form, including the organization's EIN, must be made available to the public upon request.
- Publicly Traded Companies - Companies that are publicly traded must file detailed reports with the SEC. These documents are part of the public record and often contain the company's EIN.
- Legal Disclosures - An EIN can become public when included in documents filed during a lawsuit, a regulatory audit, or certain state-level business filings. If these documents are part of a public record, the EIN may be accessible.
When Will the IRS Release Company or Taxpayer Information?
The IRS has information-sharing agreements that limit the circumstances under which other agencies can obtain taxpayer information or other IRS-maintained records. The IRS shares information with federal and state law enforcement agencies only in response to a court order, and law enforcement agencies are very limited in how they can use or disclose such information. Outside of the law enforcement context, the IRS only discloses information as needed to administer the tax system.
However, if desired, a taxpayer can voluntarily disclose aspects of their tax returns through filing a form (Form 4506) with the IRS, designating a third party to receive the information selected on the Form. Disclosure of the tax returns or portions of it are often required by banks when obtaining a loan and in other situations.
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How to Find Your Own EIN
If you find yourself in a position where you’ve lost your EIN and you don’t know how to recover it, fear not; there is always a way to retrieve it. Always start by reviewing your emails and tax documents to see if you have your EIN saved somewhere. After that, if you formed your Delaware company through a service like Harvard Business Services, Inc., you can reach out and ask them to resend your EIN.
If you formed your business directly through the IRS and can’t find any documentation with your EIN on it, the next step is to contact the IRS. They have a special help line that will verify your identity over the phone and provide the lost number to you once again. You can call them at 800-829-4933 or read more on their website.
Where to Find Business Public Records
While the IRS keeps your EIN confidential, most businesses, even those formed in a privacy-forward state like Delaware, generate other essential public records. These documents are intentionally made public by different government agencies to ensure accountability and provide information to consumers and investors. As mentioned above, EINs and financial information are only available for specific businesses. However, a company’s legal status, official address, formation date, registered agent, and some other information will be available.
Business public records like the ones listed above can be found through several official and reputable sources, including:
- Secretary of State Websites
- IRS and Nonprofit Databases
- SEC Filings (for Public Companies)
- Local and County Offices
Your Information is Safe
To summarize, the information collected for obtaining an EIN number is not available to the general public. You can rest assured that there is no public IRS database where your information can be retrieved.
Feel free to reach out with any questions about the formation process or obtaining an EIN number. It will be our pleasure to assist.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
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There is 1 comment left for Does the IRS Make Company and Tax ID Information Public?
Ralph Walters said: Wednesday, March 25, 2020Great Info