Is not having an EIN legal and how does the Church Staff then report their info for tax time.

Our church does not have an EIN ( not registered with the IRS ) which appears to be legal according to the IRS 501 (c)(3) document.

However, what do we issue our Staff ( 3 members ) without the EIN number at the end of the year?

We can't issue W-2's or 1099's if I understand correctly.

1 staff member states his tax guy fills out a W-2 and the other 2 state their tax guys do 1099's. I'm confused and would appreciate any help.

Thanks in advance.

Comments for Is not having an EIN legal and how does the Church Staff then report their info for tax time.

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Jan 24, 2019
EIN <> Registration
by: JJ

IRC 501(c)(3) allows a church to be recognized as a non-profit without registering. An EIN is not the same thing; although they can be linked when registered directly. My church has an EIN but we are not registered as a non-profit. The EIN simply allows us to conduct business with the IRS to file forms as needed.

Jan 27, 2019
Obtaining an EIN
by: Vickey

How did your church even open a business checking account without an EIN?

As the previous poster replied, getting an EIN is totally different than applying for IRS recognized exemption which is obtained by filing a really difficult for called a 1023.

As you stated, a church is not required to obtain that official recognition to be considered a 501c3.

An EIN is simply a tax identification number. It is required for any entity withholding income and Social Security taxes from employees’ paychecks OR filing a W-2 or 1099-MISC WHICH THE CHURCH MUST BE DOING!!! I have no idea how a the tax preparers could be doing that for them without an EIN.

Thankfully this is one requirement that is not too difficult to obtain.

Make sure you have the name and social security number of the person responsible for handling the church bank account on hand before you begin the application process.

You will also need to know the mailing address and county in which your church business is conducted. Note: a physical address is needed if the mailing address is a P.O. Box.

There are four different ways to apply for an EIN.

The preferred and probably fastest method is to apply online on the IRS website. With this method, an EIN is issued immediately after your information is verified. You will then be able to print the confirmation letter.

You can also obtain an EIN immediately by applying over the phone. You can call the IRS’s Business & Specialty Tax Line at (800) 829-4933 anytime Monday through Friday from 7:00 AM to 10:00 PM in your time zone.

If you are not in a big hurry for an EIN, you can download Form SS-4 from the IRS website, complete it and then either fax it or mail it. EINs are usually issued within 4 business days with faxed applications and 4-5 weeks with mailed applications.

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