How to Get an EIN for Your Delaware LLC

How do I get an EIN for my Delaware LLC?

An EIN (Employer Identification Number) is issued by the IRS, not Delaware. After filing your Certificate of Formation with the Delaware Division of Corporations under 6 Del. C. § 18-201, apply for an EIN directly through the IRS via Form SS-4. You can apply online at irs.gov/ein, by phone at 1-800-829-4933, by fax, or by mail. The IRS typically issues your EIN immediately if you apply online. Your Delaware LLC formation and federal tax ID are separate processes handled by different agencies.

Formation First, Then EIN

You must form your Delaware LLC before applying for an EIN. File your Certificate of Formation with the Delaware Division of Corporations at https://icis.corp.delaware.gov/eCorp/. The filing fee is $110.00, with standard processing in 2–3 business days. Your certificate must include your LLC's name (with "LLC," "L.L.C.," or "Limited Liability Company"), a Delaware street address for your registered office, and your registered agent's name (6 Del. C. § 18-201).

Once your LLC is officially formed, you're ready to request an EIN from the IRS. Have your Delaware formation documents available when you apply.

Applying for Your EIN

Visit irs.gov/ein to apply online (fastest option—EIN issued immediately). Alternatively, complete Form SS-4 and submit by mail, fax, or phone:

Online: irs.gov/ein
Phone: 1-800-829-4933
Fax or Mail: Follow Form SS-4 instructions

You'll need:

Your LLC's legal name (as filed in Delaware)
Your Delaware registered office address
Your Social Security Number or ITIN (as the responsible party)
Business description

The IRS will assign your EIN within minutes (online) or up to four weeks (by mail).

Key Takeaway

Delaware formation ≠ Federal EIN. The Delaware Division of Corporations handles state LLC registration; the IRS handles your federal tax ID. Both are required for most businesses, but they're separate applications with different agencies and timelines.

For Delaware formation questions, contact the Division of Corporations at (302) 739-3073 or https://corp.delaware.gov/. For EIN questions, contact the IRS at 1-800-829-4933 or irs.gov/ein.

This is general information, not legal advice.